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 …

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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 …

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On October 9th, 2020, the Supreme Court of Canada handed down its decision in the employment law case of Matthews v. Ocean Nutrition Canada Ltd., 2020 SCC 26. It is one of the Supreme Court’s rare decisions in employment law. The Court allowed the appeal, finding that the terminated employee was entitled to his bonus …

Matthews v. Ocean Nutrition: Supreme Court Clarifies Access to Bonuses for Terminated Employees Read More »

The terms laid off and terminated are sometimes used interchangeably when talking about the end of an employment relationship. However, each of these terms has a unique legal meaning that imposes rights and responsibilities on employees and employers. Read on to find out the meaning of each of these terms and the distinction between them. …

The Difference Between Laid Off and Terminated Read More »

In Ontario, employers can legally fire an employee without cause at any time and for any legal reason. There are two ways employees can be let go: with cause, and without cause. If you have been fired without cause, that means that you have not committed any type of serious employee misconduct. You may be …

What Does It Mean To Be Fired Without Cause? Read More »

On September 25, 2020 the Ontario government announced a new amendment to of O. Reg 364/20: Rules for Areas in Stage 3 under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (the “Amendment”). This amendment now requires all Ontario workplaces to conduct a screening for all employees upon arriving at their workplaces, to evaluate the …

New Ontario Government Guidelines for Mandatory COVID-19 Workplace Screening Read More »

With the recent uptick in COVID-19 cases, employees are once again forced to consider how they will care for loved ones if someone becomes ill. In March of this year, the Ontario government announced special leaves of absence for employees in response to COVID-19, for example, for employees providing care to a person for a …

Family Caregiver Leave in Ontario and COVID-19 Leaves of Absence Read More »