Monkhouse Law

The Ontario Human Rights Commission has released a policy in relation to the limits placed on employers when requesting medical documentation to substantiate an employee’s request for accommodation at work in relation to a disability. The Commission has stated that employers should not ask for broad sweeping medical information relating to the employee, for example, […]

An employee may be entitled to a larger award for wrongful dismissal damages if the employee was induced and then subsequently dismissed. Inducement occurs when an employee is enticed from their current position either through aggressive recruiting or inflated promises. In order to meet the level of “aggressive recruiting” there must be significant pursuit, such

Unjust Dismissal Complaints and Discontinuance of a Function Under the Canada Labour Code, R.S.C. 1985 c. L-2, a federally regulated employee may challenge their dismissal by filing an unjust dismissal complaint. One defence to an unjust dismissal complaint is the discontinuance of a function. This is a preliminary objection made to an adjudicator by the

What is Long Term Disability? If you are injured or become sick to the point where you are unable to return to work, long term disability insurance provides you with some protection by providing you with a portion of your income over the period for which you are considered totally disabled and unable to work.

Life is complicated. Individuals face many challenges in their daily lives and must effectively maintain a work-life balance. There are many approaches employers take to help their employees achieve this, the most common is providing employees with health care benefits, including medical, dental and Short/Long Term Disability Coverage. Employees are typically comfortable using their “normal”

Plaintiff is not entitled to damages for early termination of fixed-term contract because of her refusal to do a background check. Covenoho v. Pendylum Inc., 2016 ONSC 4969 In this case, the Plaintiff was hired by the Defendant under a fixed-term agreement for one year. The Defendant is a provider of workforce management systems in

Long term disability, should I ask for reconsideration? (no, just hire a lawyer) The experience of applying for long-term disability (LTD) benefits can be exhausting and confusing to many applicants. Once sending out denial letters, insurers typically impose a 90-day deadline to “appeal” the decision and limit the applicants to three opportunities to appeal. Applicants

New decisions come out of the Courts all the time, but some of these are big enough to change where the law stands. The following top employment cases of 2016 have either made it clear where the law stands on a legal issue or is a reminder of important legal principles within employment law. Generally,

Recently, a federal court judge discarded a workplace harassment investigation due to an improper, impartial investigation into alleged workplace harassment. This blog post will discuss the importance in ensuring that you conduct an appropriate investigation into any complaints regarding workplace harassment and bullying issues in order to avoid an unfavourable outcome. The decision was Bairaj

What are CPP Disability Benefits? Canada Pension Plan (“CPP”) disability is a Federal program administered by Service Canada. If you have paid into CPP, then you may qualify for CPP disability benefits in the event you become unable to work due to an injury, illness or medical condition. If you are approved, you will receive