Monkhouse Law

Many employees have accrued pension benefits over their tenure. However, employees may not be aware that if they are terminated prior to their retirement age, […]

The above question is one that many employees ponder when they have been terminated from their employment. Many believe that an employer is obligated to

The Facts The Plaintiff worked as a Telesales Representative for approximately nine (9) years, from February 2007 until April 1, 2016. Within her role, she

To bring a wrongful dismissal matter before the courts, the employee can do one of two things: start an Action or bring an Application. An

It is trite law that an employee is entitled to reasonable common law notice upon termination, unless an employment contract legally limits the employee in

Employees alleging wrongful dismissal have a duty to mitigate, which is the duty to make reasonable efforts in finding employment that is similar to their

The Duty to Accommodate The duty accommodate is the duty to ensure that every individual is provided equal opportunity without discrimination based on the enumerated

Restrictive covenants also referred to as restraint of trade clauses, are terms in an employment contract that seeks to limit an employee’s ability to freely

Toronto employment lawyer Andrew Monkhouse explains how Employment Insurance (EI) and severance pay interact after a termination. Learn when EI benefits begin, how severance affects

Employees who take leave under the ESA have considerable rights and protections. Part XIV of the Employment Standards Act (“ESA”) provides for ten types of

Employees are sometimes placed on suspension from their workplace, whether paid or unpaid and are unaware of their rights during this time frame. Is the

In many terminations without cause, employees are offered some payment in lieu of termination notice by their employers. Often, the amount initially offered is an

The question of whether an employer has violated either a potential, current or past employee’s human rights is an often litigated one. The courts have

Does a limitation period commence at the time notice of termination is given? Or on an employee’s last day of work? Limitation periods on the commencement

In most cases, parties that enter into a contract agree on a specific set of written terms, which tend to indicate the importance of these

The ‘dependent contractor’ category of worker is gaining more ground in Canadian law. In recent cases, dependent contractors have been increasingly found by courts to

In many lawsuits between workers and employers, disputes over whether the worker is an employee or contractor often arise due to the changing nature of

Constructive dismissal is when your employer decides to make a unilateral change to one or more of the fundamental terms of your employment without providing

Swift justice to our clients is very important, especially to employees who have been wrongfully dismissed with no, or improper, notice. That said “swift” in

In accordance with Section 22(1) of the Employment Standards Act, 2000, employees in Ontario are entitled to pay at 1.5 times their normal rate of

Generally, no employee should ever resign due to health reasons since that means getting no severance pay. If an employee is too sick to work