Fired and Rehired
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 […]
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
Workplace Accommodations Are a Two-Way Street Read More »
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
Restrictive Covenants in the Workplace Read More »
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
Employment Insurance (EI) and Severance Pay: What Happens After You’re Let Go? Read More »
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
Employee Rights During Statutory Leaves – Toronto Employment Lawyer Read More »
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
Suspensions from the Workplace – Paid or Unpaid? Read More »
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
No ‘Ball Park’ Justice – An Employer’s Offer Does Not Set the Baseline! Read More »
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
Addiction in the Workplace Read More »
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
Limitation Periods for Wrongful Dismissal Actions Read More »
If you have been terminated in Ontario, you may still be able to apply for long-term disability (LTD) benefits even after your employment has ended.
Applying for Long-Term Disability (LTD) After Termination in Ontario Read More »
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
Implied Terms – The ‘Invisible Ink’ in the Contract Read More »
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
Notice for Dependent Contractors Not So Different From Employees Read More »
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
Changing Workplaces: Potentially Greater Protection for Contractors Read More »
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
Job Relocation: Is it Constructive Dismissal? Read More »
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
Civil Delays and R. v. Jordan Read More »
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
The Manager Exception to Overtime Read More »
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
Retirement Because Of An Illness or Injury is Throwing Away Money Read More »
In the past year, the Ontario government has introduced some additions and changes to the Occupational Health and Safety Act (“OHSA”) with the hope of
New Changes in Workplace Safety – A ‘Noisy’ Hazard Read More »
A termination clause in an employment contract details what happens when the parties, most often the employer, wants to end the working relationship. From an
Termination Clause Ontario Read More »
Update March 26 2020 related to COVID-19 Construction employees and employers face a particularly challenging situation in the face of the pandemic. Unfortunately, recent government
Construction Employees: Are you Owed Notice? Read More »
Important things to keep in mind when investigating a harassment complaint The Ontario Human Rights Code (“Code”) states that employees have the right to be
Investigating Harassment Complaints – Toronto Employment Lawyer Read More »
Speaking at a Greater Niagara Chamber of Commerce event earlier this month, Ontario’s Labour Minister Kevin Flynn stated that a final report outlining recommendations as
Final Report Expected Soon: Changing Workplaces Review Read More »
Yes, you can resign while on sick leave in Ontario. However, doing so can significantly affect your legal rights, including your entitlement to severance pay.
Can You Resign While on Sick Leave in Ontario? Read More »
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
Medical Documentation for Accommodation – What Can My Employer Ask For? Read More »