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Fired and Rehired

October 6, 2017

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 […]

Fired and Rehired Read More »

Workplace Accommodations Are a Two-Way Street

September 27, 2017

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 in the Workplace

September 19, 2017

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 »

Employment Insurance (EI) and Severance Pay: What Happens After You’re Let Go?

September 13, 2017

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 »

Employee Rights During Statutory Leaves – Toronto Employment Lawyer

September 11, 2017

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 »

Suspensions from the Workplace – Paid or Unpaid?

September 5, 2017

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 »

No ‘Ball Park’ Justice – An Employer’s Offer Does Not Set the Baseline!

August 28, 2017

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 »

Addiction in the Workplace

August 21, 2017

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 »

Limitation Periods for Wrongful Dismissal Actions

August 12, 2017

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 »

Reviewing termination paperwork and employee benefits after job loss in Ontario

Applying for Long-Term Disability (LTD) After Termination in Ontario

July 31, 2017

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 »

Implied Terms – The ‘Invisible Ink’ in the Contract

July 17, 2017

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 »

Notice for Dependent Contractors Not So Different From Employees

July 11, 2017

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 »

Changing Workplaces: Potentially Greater Protection for Contractors

July 4, 2017

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 »

Job Relocation: Is it Constructive Dismissal?

June 26, 2017

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 »

Civil Delays and R. v. Jordan

June 16, 2017

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 »

The Manager Exception to Overtime

June 9, 2017

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 »

Retirement Because Of An Illness or Injury is Throwing Away Money

May 23, 2017

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 »

New Changes in Workplace Safety – A ‘Noisy’ Hazard

May 15, 2017

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 »

Termination Clause Ontario

May 5, 2017

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 »

Construction Employees: Are you Owed Notice?

April 28, 2017

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 »

Investigating Harassment Complaints – Toronto Employment Lawyer

April 21, 2017

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 »

Final Report Expected Soon: Changing Workplaces Review

April 17, 2017

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 »

Employee on sick leave in Ontario considering whether to resign from work

Can You Resign While on Sick Leave in Ontario?

April 7, 2017

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 »

Medical Documentation for Accommodation – What Can My Employer Ask For?

March 29, 2017

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 »

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