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Being terminated from a job is something that can turn a person’s world upside down. Questions immediately arise, such as why were you terminated? Was there another reason? Are you getting a fair offer? What do you do next? Fortunately, we have numerous pieces of legislation that seek to protect both employees and employers in …

Choosing the Right Venue for Your Employment Matter – Toronto Employment Lawyer Read More »

Job abandonment is when an employee leaves work with the intention of not returning, typically asserted not when an employee indicates they are resigning but fails to return to work. While it is related to the concept of resignation it is separate in that it occurs when the implied term of attending work is breached …

What is job abandonment and what you can do about it? Read More »

In employment, statements by an employer or employee can result in seriously damaging a person or company’s reputation. Defamation occurs when untrue statements regarding an identifiable individual are communicated to a third party. Statements can be written or oral, the former is referred to as libel and the latter as slander. As the Supreme Court …

Defamation and Employment – Toronto Employment Lawyer Read More »

Employees can be compensated in a variety of ways: hourly rate, salary, commissions, bonuses, and sometimes a mix. The Employment Standards Act, 2000 as well as many business corporations acts, ex. Ontario Business Corporations Act provide for personal liability of directors of a corporation for employees ‘wages’. The term ‘wages’ includes salary or hourly rates …

Directors’ Liability for Unpaid Wages Read More »

In order for a resignation to be viewed as valid and enforceable, it must be clear and unequivocal. This means that when viewed by a reasonable and objective person, it can be confirmed that the employee had an intent to resign from their position. For example: in a heat of the moment situation where an …

Are employees entitled to withdraw their resignation once it’s been submitted? Read More »

Bill C-86, ‘A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures (the “Bill”)’, received Royal Assent on December 13, 2018. Through Bill C-86, the federal government amended several provisions of Part III of the Canada Labour Code (the “Code”) prescribing minimum labour standards for …

Bill C-86 Updates the Federal Employment Standards Regime – Toronto Employment Lawyer Read More »

Sick leave and Pregnancy/Parental leave are the more commonly known protected leaves for employees. However, there are several other leaves that much less known and often employees and employers alike do not understand the requirements and rights with respect to the same. Some of these leaves include but are not limited to: Bereavement leave; family …

Family Medical Leave – Toronto Employment Lawyer Read More »

Employees in Ontario are either federally regulated or provincially regulated. Most employees are provincially-regulated meaning the Ontario Employment Standards Act, 2000, SO 2000, c 41 [“ESA”] governs many aspects of the employment relationship between employer and employee. One of the more contentious and litigated issues of the employment relationship is what the employee is entitled …

Is Your Employer a Severance Payer Under the Ontario Employment Standards Act, 2000? Read More »

From an employment perspective, the 2019 Budget focuses on ensuring greater fairness and preparing Canadians for a changing economy. We will outline the three principal tax changes announced in the 2019 Budget of interest for employees, independent contractors, employers and owner-managers. Canada Training Benefit To ensure that Canadians can learn and upgrade their skills at …

2019 Budget – Employment Developments – Toronto Employment Lawyer Read More »

A golden parachute is a term coined for clauses in employment contracts that provide for enhanced severance packages. Typically, these are given to executive level employees. In Ontario, there are certain termination packages that employees are legally entitled to receive upon termination unless terminated appropriately for cause. For instance, the minimum severance entitlements upon termination …

Golden Parachutes: Enhanced Severance Packages – Toronto Employment Lawyer Read More »