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What Happens when a Wrongfully Dismissed Employees Passes Away during the Notice Period?

January 22, 2019

When an employee is terminated without cause they are presumptively entitled to reasonable common law notice of the termination of their employment. In most cases, […]

What Happens when a Wrongfully Dismissed Employees Passes Away during the Notice Period? Read More »

Sale of a Business

January 15, 2019

Businesses are frequently bought and sold.  The structure of the sale can affect the liability for employees’ severance entitlements. It is important for both employers

Sale of a Business Read More »

Employee reviewing documents at home worried about being fired while on disability leave in Ontario

Can You Be Fired While on Disability Leave in Ontario? Understanding Frustration of Contract and Your Rights

January 8, 2019

If you are on disability leave, you may be wondering whether your employer can terminate your employment. The short answer is: it depends. In Ontario,

Can You Be Fired While on Disability Leave in Ontario? Understanding Frustration of Contract and Your Rights Read More »

Just Cause Terminations: Terminated for Poor Performance?

December 18, 2018

Sometimes there has been a breakdown in the employer-employee relationship, such that it results in termination with allegations of “just cause”. When an employer alleges

Just Cause Terminations: Terminated for Poor Performance? Read More »

An Employer’s ‘Duty to Inquire’

December 11, 2018

Let’s say you are an employer.  Consider a scenario where one of your employees has suddenly been showing up late, being absent altogether, insubordinate, or

An Employer’s ‘Duty to Inquire’ Read More »

Don Cherry and Bill 47

December 4, 2018

Close to the end of Kathleen Wynne’s time as Premier of Ontario, the Liberal Party brought relatively sweeping changes to workplace law in Bill 148.

Don Cherry and Bill 47 Read More »

How Do I Explain My Termination in a Job Interview?

November 27, 2018

When commencing a wrongful dismissal lawsuit, an employee has a duty to mitigate their damages; meaning they are required to attempt to decrease their losses

How Do I Explain My Termination in a Job Interview? Read More »

Paternity Leave and Job Protection

November 20, 2018

Parents who have childcare needs are entitled to certain protections in workplaces under the law. On November 22, 2017, the Ontario government passed Bill 148,

Paternity Leave and Job Protection Read More »

Ambiguity & Fixed-term Contracts – Toronto Employment Lawyer

November 13, 2018

Having clear and precise language is the foundation of any good employment contract. Particularly within fixed-term contracts, the liability for terminating an employee may be

Ambiguity & Fixed-term Contracts – Toronto Employment Lawyer Read More »

Superior Court Makes Rare Award of Punitive, Defamation Damages Against Employer

October 30, 2018

In Hampton Securities Limited v Dean, 2018 ONSC 101 (“Hampton Securities”), the Ontario Superior Court of Justice made a rare award of punitive damages and

Superior Court Makes Rare Award of Punitive, Defamation Damages Against Employer Read More »

Sexual Assault and the Civil Courts

October 23, 2018

The #MeToo movement found itself again in headlines recently with an American Supreme Court nominee being at the centre of sexual assault allegations. While the

Sexual Assault and the Civil Courts Read More »

Just Cause: Can My Employer Terminate Me Without Notice or Pay?

October 16, 2018

In a nutshell, the answer is yes, if your employer has just cause. If the alleged misconduct rises to the level of cause, you will

Just Cause: Can My Employer Terminate Me Without Notice or Pay? Read More »

What Does It Mean To Have a Fiduciary Duty?

October 9, 2018

A fiduciary duty is a legal obligation of one party to act in the best interest of another. The obligated party would be labelled a

What Does It Mean To Have a Fiduciary Duty? Read More »

Unexplained Absences and Tardiness: When Does It Become Job Abandonment?

October 2, 2018

What Constitutes Job Abandonment? Job abandonment is when an employee persistently refuses to attend work or explain their absence. In order for an employer to

Unexplained Absences and Tardiness: When Does It Become Job Abandonment? Read More »

Discrimination in the Workplace

September 24, 2018

Within all aspects of society, we are governed by a variety of rules, regulations and standards which attempt to avoid chaos, however sometimes in the

Discrimination in the Workplace Read More »

Terminated for Cause? Why You Should Still Apply for Employment Insurance

September 17, 2018

When an employee is terminated, the form that the employer provides classifies the termination as “with cause” or “without cause”.  Without cause implies that the

Terminated for Cause? Why You Should Still Apply for Employment Insurance Read More »

Court of Appeal Expands and Clarifies Law on Incentive Programs During Notice Period

September 10, 2018

This year Ontario’s highest court has revisited and expanded an employee’s ability to receive the incentive based compensation when they have been terminated by their

Court of Appeal Expands and Clarifies Law on Incentive Programs During Notice Period Read More »

Are Performance Reviews Mandatory in the Workplace?

September 7, 2018

A common question we often receive is, “What happens if I was fired but I never received a performance review?” As performance reviews are an

Are Performance Reviews Mandatory in the Workplace? Read More »

Clock and calendar icons representing long-term disability limitation periods and legal deadlines in Ontario

Ontario Long-Term Disability Limitation Period (Deadlines to Sue)

August 31, 2018

If your long-term disability (LTD) benefits have been denied, cancelled, or cut off, deadlines matter. In Ontario, many LTD lawsuits are governed by a two-year

Ontario Long-Term Disability Limitation Period (Deadlines to Sue) Read More »

Think Before You Terminate

August 20, 2018

The employment relationship can be complicated at times. The general rule is that an employer contracts an employee for an indefinite period of time to

Think Before You Terminate Read More »

Termination of Fixed-Term Contract Employees

August 13, 2018

When someone signs a fixed-term employment contract, they know that their employment relationship is intended to only last for a specific and definite time period.

Termination of Fixed-Term Contract Employees Read More »

Janus Decision Highlights Differences Between Canada and United States

August 10, 2018

The Supreme Court of the United States recently decided Janus v. American Federation of State, County, and Municipal Employees, Council 31, 585 U.S. _ (2018)

Janus Decision Highlights Differences Between Canada and United States Read More »

Human Rights Tribunal of Ontario Finds Human Rights Code Provision Unconstitutional

August 3, 2018

In 2006, when Ontario abolished mandatory retirement, employers were still able to terminate benefits for workers who turned 65, due to a section of the

Human Rights Tribunal of Ontario Finds Human Rights Code Provision Unconstitutional Read More »

Monkhouse Law Finalist in National HR Awards

July 18, 2018

Monkhouse Law, founded by Andrew Monkhouse has been nominated as a finalist at the 2018 Canadian HR Awards for the Best Employment and Labour Law

Monkhouse Law Finalist in National HR Awards Read More »

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