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Employment Law

Employment Law Ontario

Employment law in Ontario is the series of rights and entitlements which have been put in place to protect the rights of workers in non-unionized workplaces. In contrast, labour law is the series of rules and regulations which govern unionized workplaces. What is Employment Common Law in Ontario? Employees are also offered additional protection via […]

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Class Action Legal Fees

Alexandra Monkhouse, Employment Lawyer, explains: Who pays legal fees in a class action lawsuit?  Generally, no money is paid up front for a class action lawyer. The lawyers who prosecute a class action, that means the lawyers of the representative plaintiff and of the potential class, are paid at the end of the action from

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Leave of Absence Ontario

Employees are entitled to a leave of absence in Ontario. The types of leave of absence available for employees is outlined in Ontario’s Employment Standards Act (“ESA”). Leaves of absence can range from 2 days for bereavement leave and up to 104 weeks for child death leave or crime-related child disappearance leave. The length of

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Termination Pay Ontario

If you have been terminated in Ontario, you have rights and entitlements upon termination. Employers must provide a notice of termination or payment in lieu of notice, commonly known as termination pay. The time between receipt of notice and your effective termination date is commonly referred to as your notice period.  Your notice period will

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Ontario Break Laws

In Ontario, what type of break period am I entitled to at work? Walter Yoo, Employment Lawyer at Monkhouse Law explains break periods in Ontario: The Employment Standards Act of Ontario contains provisions that prescribe several different types of break periods. The law prescribes a mandatory 11-hour period each day where you must be free

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Mass Layoffs – Know Your Rights If Your Company Announces a Mass Layoff

What if I am part of a mass layoff and my company files for bankruptcy? One concern with mass terminations is the potential for a company to be having financial difficulty and the potential for them to go bankrupt. While bankruptcy doesn’t impact the amount of notice you’re entitled to, it certainly impacts your ability

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Superior Court Determines That a Failure To Accept An Offer Of Re-Employment By An Acquiring Company Is Not a Failure To Mitigate

In the case of LG Electronics Canada Inc., 2023 ONSC 5476 (CanLII), <https://canlii.ca/t/k0q5n>, a 49-year-old warehouse worker with over 13 years of service did not fail to mitigate their losses when they refused an offer of re-employment by an acquiring company. The Plaintiff was awarded 12 months’ notice. Background The Plaintiff began employment with LG

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Class Action Upheld as Preferred Procedure in Pension Plan Dispute Resolution

In the case of Brewers Retail Inc. v. Campbell 2023 ONCA 534, the Ontario Court of Appeal dismissed an appeal from the Financial Services Regulatory Authority of Ontario, concluding that a class action is the preferred procedure for resolving a pension plan dispute. Background The applicant and respondent by appeal established a defined benefit pension

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