Our Blogs

Toronto’s Top-Rated Employment Lawyers

Layoffs During The Covid-19 Period Can Be A Constructive Dismissal At Common Law

Layoffs During The Covid-19 Period Can Be A Constructive Dismissal At Common Law

General
In a recent decision of Coutinho v. Ocular Health Centre Ltd., 2021 ONSC 3076, the Ontario Superior Court ruled that...
Read More
Saving Provisions In Termination Clauses Do Not Always Save The Day

Saving Provisions In Termination Clauses Do Not Always Save The Day

General
Employers include termination clauses in the employment contracts to limit employees’ termination entitlements once they are dismissed from work. However,...
Read More
Severability Clause Cannot Save An Invalid Termination Provision

Severability Clause Cannot Save An Invalid Termination Provision

General
In the decision of North v. Metaswitch Networks Corporation, 2017 ONCA 790, the Ontario Court of Appeal (“ONCA”) reaffirmed the...
Read More
Can Covid-19 Pandemic Have An Impact On The Common Law Reasonable Notice Period?

Can Covid-19 Pandemic Have An Impact On The Common Law Reasonable Notice Period?

General
With the Covid-19 pandemic dragging on, employers have to resort to restructuring and downsizing their business operations to stay afloat...
Read More
Isolated Incident Without Any Prior Progessive Discipline Does Not Justify Termination For Just Cause

Isolated Incident Without Any Prior Progessive Discipline Does Not Justify Termination For Just Cause

General
In the recent decision of Czerniawski v. Corma Inc., 2021 ONSC 1514, the Ontario Superior Court of Justice ruled that...
Read More
Pregnancy-an Important Factor In Determining The Length Of Reasonable Notice Period

Pregnancy-an Important Factor In Determining The Length Of Reasonable Notice Period

General
In a recent decision of Nahum v. Honeycomb Hospitality Inc., 2021 ONSC 1455, the Ontario Superior Court ruled that pregnancy...
Read More
The Obligation To Notify: Enforcebility Of Harsh And Oppressive Terms In The Employment Contract

The Obligation To Notify: Enforcebility Of Harsh And Oppressive Terms In The Employment Contract

General
In the decision of Battiston v. Microsoft Canada Inc., 2020 ONSC 4286, the Ontario Superior Court of Justice ruled that...
Read More
Unenforcable Termination For Cause Provision Can Render Entire Termination Provision Invalid

Unenforcable Termination For Cause Provision Can Render Entire Termination Provision Invalid

General
In 2020, the Ontario Court of Appeal held in Waksdale v Swegon North America Inc., 2020 ONCA 391 that if...
Read More
Long Term Disability Claim Denials For Covid-19 Long-Haulers

Long Term Disability Claim Denials For Covid-19 Long-Haulers

Employment Law General
With the rampant growth of the Covid-19 cases, there are more and more employees who have unfortunately contracted the virus...
Read More
What You Need to Know About Vaccination in the Workplace

What You Need to Know About Vaccination in the Workplace

General
As vaccination roll-out has been implemented across the country to combat the spread of Covid-19 and reduce the community transmission,...
Read More
What You Need to Know About Family Caregiver Leave in Ontario

What You Need to Know About Family Caregiver Leave in Ontario

General
If one of your beloved family members has fallen sick due to the resurgence of Covid-19 cases, you may consider...
Read More
What You Need to do if You are Laid Off by Your Employer

What You Need to do if You are Laid Off by Your Employer

General
Employers have taken initiatives to downsize their businesses due to the economic downturns caused by the rampant Covid-19 cases. Therefore,...
Read More
A Guidance on How to Maintain Workplace Safety During the Covid-19

A Guidance on How to Maintain Workplace Safety During the Covid-19

General
Employers have an obligation to provide a safe work environment free from dangers under the Occupational Health and Safety Act....
Read More
What You Need to Know About a Fixed-Term Employment Contract

What You Need to Know About a Fixed-Term Employment Contract

Employment Contracts
In this blog, we will explore some common issues that a fix-term contract employee may have in their employment relationship....
Read More
The Difference Between Layoff and Termination

The Difference Between Layoff and Termination

Cause for dismissal
In this blog, we will illustrate the definitions of layoff and termination and the distinction between them. LAYOFF The Definition...
Read More
Changes in the Employment Law Due to Covid-19: What You Need to Know

Changes in the Employment Law Due to Covid-19: What You Need to Know

Employment Law
Employees are facing new challenges in their workplace due to the Covid-19 pandemic. In this blog, we would like to...
Read More
Can I Be Terminated For Taking a Vacation During the Covid-19 Pandemic?

Can I Be Terminated For Taking a Vacation During the Covid-19 Pandemic?

General
With the covid-19 pandemic rules set in place for over a year, quite a few people have been considering whether...
Read More
Can I Be Terminated For Cause For My Public Actions Or Off-Duty Activities?

Can I Be Terminated For Cause For My Public Actions Or Off-Duty Activities?

Cause for dismissal
Recently, a number of Canadian politicians and high-profile officials at the corporations either had to step down from their office...
Read More
Your Employment Rights During Covid-19

Your Employment Rights During Covid-19

General
The advent of the Covid-19 pandemic has reshaped the traditional working styles and reimagined the roles of offices in the...
Read More
What You Need to Know About New Administrative Monetary Penalties Under the Canada Labour Code

What You Need to Know About New Administrative Monetary Penalties Under the Canada Labour Code

General
It is important for federal regulated employers to be aware of the newly introduced administrative monetary penalties under Part IV...
Read More
Layoff, Temporary Layoff and Termination During the Covid-19

Layoff, Temporary Layoff and Termination During the Covid-19

General
The severity of the Covid-19 pandemic has exerted a huge impact on the Canadian economy, forcing employers to scale down...
Read More
Recalling Employees to Work from a Temporary Layoff

Recalling Employees to Work from a Temporary Layoff

General
A Guidance on How to Recall Employees to Work from a Temporary Layoff With the community transmission of Covid-19 cases...
Read More
How to Restrict a Departing Employee from Taking Clients from Business

How to Restrict a Departing Employee from Taking Clients from Business

General
Taking Clients From Former Employers It is common for employers to restrict their employees’ ability to work for a competitor...
Read More
Infectious Disease Emergency Leave

Infectious Disease Emergency Leave

General
About Infectious Disease Emergency Leave  Employees are entitled to take infectious disease emergency leave if they are not performing job...
Read More
Illegal Questions During a Job Interview

Illegal Questions During a Job Interview

General
Illegal Interview Questions Employers can hire a job applicant according to their personal preferences. However, when it comes to asking...
Read More
Workplace Safety and OLRB Complaint

Workplace Safety and OLRB Complaint

General
The Occupational Health and Safety Act (OHSA) stipulates that employers have a duty to protect their employees from health and...
Read More
What Should I Do If I Am Being Harassed At Work?

What Should I Do If I Am Being Harassed At Work?

General
From outright discrimination to workplace bullying, employees can be harassed in a number of ways at work. It is important...
Read More
My Employer Is Forcing Me To Leave My Job, What Should I Do?

My Employer Is Forcing Me To Leave My Job, What Should I Do?

constructive dismissal
Generally, the law provides some protection to employees when the employer wants to fire them. For example, the Ontario Employment Standards...
Read More
Constructive Dismissal During Covid-19

Constructive Dismissal During Covid-19

constructive dismissal
A constructive dismissal is where an employer makes a substantial change to the terms of an employee’s employment without the...
Read More
Can My Employer Fire Me If I Don’t Want To Go To Work Because Of Covid-19?

Can My Employer Fire Me If I Don’t Want To Go To Work Because Of Covid-19?

constructive dismissal
Employees nowadays are worried about getting back to work, given the severity of the Covid-19 pandemic. They are afraid of...
Read More
Wrongful Dismissal FAQ

Wrongful Dismissal FAQ

Cause for dismissal
9 Most Popular FAQ about Wrongful Dismissal  1. Does my written employment contract encompass all my rights? In Ontario, all...
Read More
Sick Day in Ontario

Sick Day in Ontario

General
If an employee is sick, incapacitated or hurt physically for any reason, they can take days off work. The days...
Read More
Should You Accept Alternate Work In Same Company

Should You Accept Alternate Work In Same Company

General
Sometimes, after an employee is constructively dismissed or terminated, the employer later offered them a job at the same company....
Read More
How COVID-19 Impacted Employment Insurance in Ontario

How COVID-19 Impacted Employment Insurance in Ontario

employee or dependent contractor General
COVID-19 has brought about significant impact on Canadian economy and therefore resulted in considerable instability in the labour market, and...
Read More
Employment Insurance Improvements

Employment Insurance Improvements

General
Since 2016, the Government of Canada has been making improvements to the Employment Insurance (EI) program, in order to better...
Read More
Basic Worker Rights in Ontario

Basic Worker Rights in Ontario

General
3 BASIC RIGHTS OF WORKERS IN ONTARIO-WHAT YOU MUST KNOW Every person employed in Ontario has the right to work...
Read More
Signs of Toxis Workplace

Signs of Toxis Workplace

General
5 SIGNS YOU ARE IN A POISONED WORKPLACE All employees have the right to work in an environment free from...
Read More
Rules of Termination in Ontario

Rules of Termination in Ontario

General
List of Rules Which Apply to Ontario Employers in Cases of Mass Termination Pursuant to section 58(1) of the Employment...
Read More
Reinstatement Rights in Ontario

Reinstatement Rights in Ontario

General
What is Reinstatement Reinstatement can occur under certain circumstances where an employee who has been terminated is entitled to resume...
Read More
Workplace Suspension in Ontario

Workplace Suspension in Ontario

General
What is Workplace Suspension Work suspension occurs when an employer relieves an employee of their duties, but the employment relationship...
Read More
Termination Lawyer Toronto

Termination Lawyer Toronto

Employment Contracts Severance Packages & Pay Lawyer
An employer does not need a good reason, or any reason at all, to terminate an employment relationship. However, the obligations of the employer and what is owed to the employee after termination depends on whether an employee was terminated “with cause” or “without cause.”
Read More
Termination for Poor Performance

Termination for Poor Performance

Employment Law
 Guide on How to Terminate an Employee for Poor Performance Under the Canadian jurisprudence, the threshold of terminating an employee...
Read More
HOW TO RESTRICT A DEPARTING EMPLOYEE FROM TAKING CLIENTS FROM BUSINESS

HOW TO RESTRICT A DEPARTING EMPLOYEE FROM TAKING CLIENTS FROM BUSINESS

Employment Law
Taking Clients From Former Employers It is common for employers to restrict their employees’ ability to work for a competitor...
Read More
Employment Insurance Entitlements after Termination

Employment Insurance Entitlements after Termination

General
Employees are usually terminated with two classifications. Either the termination is with cause or without cause. The latter is usually...
Read More
Can Your Employer Reduce Your Salary?

Can Your Employer Reduce Your Salary?

constructive dismissal
Employers cannot alter a fundamental term of your employment without first letting you know. If they do, they put themselves...
Read More
Can Employers Change Your Work Schedule?

Can Employers Change Your Work Schedule?

constructive dismissal
Different workplaces have differing expectations of an employee’s schedule of work. An employee who has been with a company for...
Read More
Bringing Claims After An Executed Release

Bringing Claims After An Executed Release

Severance Packages & Pay Lawyer
After a termination has occurred, employers are quick to offer their dismissed employees a full and final release to be...
Read More
Bonus Payments During Notice Periods

Bonus Payments During Notice Periods

Severance Packages & Pay Lawyer
In the case of Singer v. Nordstrong Equipment Limited, 2017 ONSC 5906, the court held that while the Plaintiff was...
Read More
No Interruption in Employee’s Length of Service Despite “New” Corporate Structures

No Interruption in Employee’s Length of Service Despite “New” Corporate Structures

Employment Contracts
The Ontario Court of Appeal released its decision and confirmed that courts will overlook the differing corporate structures utilized by...
Read More
Not All Contract Breaches

Not All Contract Breaches

Cause for dismissal
A B.C. Court recently held that an employer did not have just cause to dismiss an employee even though the...
Read More
Absenteeism and Lateness in the Workplace

Absenteeism and Lateness in the Workplace

Employment Law
This article will explore what constitutes workplace discrimination, the relevant human rights legislation, the prohibited grounds of discrimination, the legal test for establishing a “prima facie” case for discrimination and some defences that are available for respondents.
Read More
Workplace Sexual Harassment

Workplace Sexual Harassment

Sexual harassment
This article will explore what constitutes workplace discrimination, the relevant human rights legislation, the prohibited grounds of discrimination, the legal test for establishing a “prima facie” case for discrimination and some defences that are available for respondents.
Read More
Short Term Disability, Long Term Disability and Frustration of Contract

Short Term Disability, Long Term Disability and Frustration of Contract

General
This article will explore what constitutes workplace discrimination, the relevant human rights legislation, the prohibited grounds of discrimination, the legal test for establishing a “prima facie” case for discrimination and some defences that are available for respondents.
Read More
Remedies Available in Human Rights Claims

Remedies Available in Human Rights Claims

Employment Law
This article will explore what constitutes workplace discrimination, the relevant human rights legislation, the prohibited grounds of discrimination, the legal test for establishing a “prima facie” case for discrimination and some defences that are available for respondents.
Read More
Probationary Period Rights in Ontario

Probationary Period Rights in Ontario

Employment Law
This article will explore what constitutes workplace discrimination, the relevant human rights legislation, the prohibited grounds of discrimination, the legal test for establishing a “prima facie” case for discrimination and some defences that are available for respondents.
Read More
Overtime Pay in Ontario for Salaried Employees

Overtime Pay in Ontario for Salaried Employees

General
This article will explore what constitutes workplace discrimination, the relevant human rights legislation, the prohibited grounds of discrimination, the legal test for establishing a “prima facie” case for discrimination and some defences that are available for respondents.
Read More
Family Status Discrimination

Family Status Discrimination

General
Section 5 of the Ontario Human Rights Code (the “Code”) protects from discrimination and harassment in the workplace, including on the basis of family status.
Read More
Human Rights and Discrimination in Employment Law

Human Rights and Discrimination in Employment Law

Employment Law
This article will explore what constitutes workplace discrimination, the relevant human rights legislation, the prohibited grounds of discrimination, the legal test for establishing a “prima facie” case for discrimination and some defences that are available for respondents.
Read More
Defamation in the Workplace

Defamation in the Workplace

Employment Law
Defamation, as a legal concept, requires three things to be established on a balance of probabilities before a comment is considered defamatory.
Read More
Duty to Accommodate in Employment Law and Undue Hardship

Duty to Accommodate in Employment Law and Undue Hardship

Employment Law
Employers have a duty to accommodate their employees. In Ontario there is legislative recognition of this duty under s.11(2), 17(2) and 24(2). The duty as stated in the Syndicat case is intended to “ensure that an employee who is able to work can do so”
Read More
Katz et al v Clarke: The Duty to Accommodate, Frustration of Contract and Termination

Katz et al v Clarke: The Duty to Accommodate, Frustration of Contract and Termination

Severance Packages & Pay Lawyer
The Ontario Divisional Court has upheld that the employer may terminate an employee with a disability when there is undisputed medical evidence that an employee will be unable to fulfill the essential obligations of the employment relationship for the foreseeable future and there are no accommodations that would allow the employee to work.
Read More
New Law About Overtime Pay

New Law About Overtime Pay

Employment Law
Bill 66 is a new bill in Ontario that will have very real consequences for employees. In particular, there are...
Read More
Sexual Harassment

Sexual Harassment

Sexual harassment
Sexual harassment is an unfortunately reality in today’s society, and workplaces are not immune. However, everyone has the right to...
Read More
Largest Monetary Award for Constructively Dismissed Employee

Largest Monetary Award for Constructively Dismissed Employee

Employment Law
The Superior Court of Justice awarded $1.3 million to a constructively dismissed employee who was on a fixed-term contract. This...
Read More
Entitlement to a Pro-Rated Bonus

Entitlement to a Pro-Rated Bonus

Employment Law
In the recent case Andros v Colliers Macaulay Nicolls Inc., 2019 ONCA 679, the Ontario Court of Appeal discusses entitlement...
Read More
Andros v Colliers Macaulay Nicolls Inc., 2019 ONCA 679:  Interpretation of Termination Clauses

Andros v Colliers Macaulay Nicolls Inc., 2019 ONCA 679: Interpretation of Termination Clauses

Employment Law
In Andros, the Ontario Court of Appeal discussed the interpretation of a termination clause. There were discussions regarding ambiguity within...
Read More
Confidentiality Provisions in Settlement Agreements

Confidentiality Provisions in Settlement Agreements

Employment Law
Settlement privilege applies during settlement negotiations and could potentially extend to completed settlement agreements (Sable Offshore Energy Inc. v Ameron...
Read More
“Equal Pay for Equal Work” in Ontario

“Equal Pay for Equal Work” in Ontario

Severance Packages & Pay Lawyer
You may have heard the phrase “equal pay for equal work”. In Ontario, this means that an employer cannot pay...
Read More
Terminated for Just Cause

Terminated for Just Cause

Employment Law
In Ontario, an employer can terminate an employee for “just cause”, meaning they have a legitimate reason to dismiss them...
Read More
Keenan v. Canac

Keenan v. Canac

Employment Law
The ONCA dismissed the appeal of the Appellant (Defendant) in the case of Keenan v. Canac Kitchens, 2016 ONCA 79....
Read More
Independent Contractor v. Employee

Independent Contractor v. Employee

employee or dependent contractor Employment Contracts
What’s the Difference? Businesses use a variety of different workers for varying purposes. Employees may be hired for indefinite or...
Read More
Can An Employee Be Incorporated?

Can An Employee Be Incorporated?

Employment Law
What is a Personal Services Business? A person services business (PSB) is a business operating as a corporation that provides...
Read More
Dependent Contractor v. Employees

Dependent Contractor v. Employees

employee or dependent contractor Employment Contracts
What is a Dependent Contractor? A workers relationship generally falls into one of three classifications: employee, dependent contractor or independent...
Read More
How to Contest a Wrongful Dismissal

How to Contest a Wrongful Dismissal

Employment Law Wrongful Dismissal
Employers in Canada are bound under both federal and provincial legislation to provide reasonable notice or pay in lieu of...
Read More
Review of most recent updates to Labour and Employment Law under BILL 66 in Ontario

Review of most recent updates to Labour and Employment Law under BILL 66 in Ontario

Employment Law
Bill 66 is a new bill that was introduced in Ontario on December 6, 2018. Its official name is the...
Read More
Employment status: difference between EMPLOYEE and CONTRACTOR

Employment status: difference between EMPLOYEE and CONTRACTOR

employee or dependent contractor
If you have recently been terminated from your job, there is no doubt you will have questions. For example, you...
Read More
Watch Mr. Ball making a winning argument before the entire Supreme Court of Canada​

Watch Mr. Ball making a winning argument before the entire Supreme Court of Canada​

General
​A Toronto company is inviting legal trouble with an ad specifically seeking female applicants because the job involves receptionist work,...
Read More
Global News November. 23, 2015

Global News November. 23, 2015

General
​A Toronto company is inviting legal trouble with an ad specifically seeking female applicants because the job involves receptionist work,...
Read More
ITWC Talks Published on July 24, 2014

ITWC Talks Published on July 24, 2014

General
Rafael Ruffolo sits down with Stacey Ball, an employment lawyer with Ball & Associates. How to Get the Severance Package...
Read More
error: Content is protected !!