Upon termination, many employees will be asked by their employer to sign some form of release, releasing the employer from future liability in exchange for some amount of compensation. What happens if subsequent to signing that release, the employee brings a complaint under the Canada Labour Code? The Federal Court of Appeal, in Bank of …
Monkhouse Law has commenced over a dozen class action lawsuits for employees who are unfairly misclassified as independent contractors instead of employees, and not paid statutory entitlements on their entire earnings. We often get questions from class members wondering if they are eligible for the class action if it has been many years since they …
Is There A Time Limit To Being Part Of An Employee Class Action? Read More »
In Ontario, overtime pay is 1.5 times an employee’s normal rate of pay for every hour worked in excess of 44 hours in a single week. This is often called being paid “time and a half”. The right to overtime pay is set out in Section 22 of the Employment Standards Act of Ontario. Who …
An individual’s employment, and ability to work and support themselves, can be dramatically compromised by mental health issues. The Mental Health Commission of Canada reports that between 30% -70% of all disability claims are related to mental illness. In a 2017 survey, it was found that the principal cause of mental health concerns in the …
Mental Health Issues: Worker’s Compensation, LTD and CPP Disability Claims Read More »
If you are searching for temporary layoff Ontario then you may be in this difficult situation, or are concerned that you may soon to be in this situation. In Ontario, a large proportion of the workforce has experienced or will be experiencing temporary layoffs due to COVID-19. Furthermore, provincial changes to employment legislation due to …
In the recent case of Kim v. BT Express Freight Systems, 2020 CarswellOnt 1870. The Ontario Superior Court of Justice awarded the employee damages for a cancelled employment offer. In this case, an employee was sought out by an employer, signed a contract, and left his previous position. Just a few days before he was …
Monkhouse Law Wins Case: Employer Has to Pay Damages for Cancelled Employment Contract Read More »
Yes, employees are eligible to collect Employment Insurance (“EI”) if they have been terminated “without cause”. Being terminated without cause means the employee was let go from their employment through no fault of their own. This is exactly the situation the Canadian Employment Insurance program was intended to address, to help Canadians who have lost …
Can You Collect Employment Insurance If You Are Terminated Without Cause? Read More »
What does job abandonment mean? Job abandonment occurs when an employee has a pattern of unexcused or unauthorized absences which result in the employer deeming their job “abandoned” and the employee is therefore terminated. Usually, this will result in this dismissal being treated as a resignation as opposed to a termination, meaning the employee will …
In Canada, a Record of Employment or ROE is used in the Federal Employment Insurance program in order for the government to determine who qualifies for EI benefits, how much they will receive and for how long. We are going to explain the most commonly asked questions about ROE’s. What is an ROE? An ROE …
Record of Employment: What Employees Need to Know Read More »
What does a non-solicitation clause mean? In Ontario, a non-solicitation clause is a provision in an employment contract that specifically prohibits an employee from soliciting or “poaching“ clients, customers, vendors, business partners or employees from their former employer. These restrictions must be limited in geographic scope and duration. In employment law, a non-solicitation clause is …