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Employees are often misclassified as independent contractors, even in unionized workplaces. An individual who has been misclassified at a unionized workplace should go to labour arbitration while a similarly situated individual at a non-unionized workplace can take their case to court or make a complaint at the Ministry of Labour. But what happens if you […]

While many businesses have temporarily shut down due to the COVID-19 pandemic, others have gone out of business altogether. We discuss the rights that employees have when a non-unionized business shuts down in Ontario. What happens to employee rights when a company closes? Employment rights when a business ends operations will vary depending on the

Under the Canada Labour Code, Unjust Dismissal rules provide a procedure for federally regulated employees to complain against a termination that they consider unjust. It allows them to seek extraordinary remedies, including reinstatement and back pay if they have been terminated without cause. The complaints need to be filed with 90 days since the termination, and

Employees who are paid through commissions, such as insurance advisors or commissioned salespersons, may be under the false impression that they are not entitled to overtime pay. Monkhouse Law recently represented a commissioned employee before the Ontario Labour Relations Board (“OLRB”), and the employee was awarded 8 hours per week of overtime during his claim

Class actions in the realm of employment law are a relatively new but growing field. Class actions in employment law are an ideal way for workers to have access to justice. Not only do they allow employees to maintain anonymity and prevent reprisals from their employer, but they also allow recovery of small amounts for

A legal claim is discoverable at the point in time when a Plaintiff becomes aware of the facts underlying the claim. From this date, the limitations “clock” begins to run, and the Plaintiff generally has two years from that date of discoverability to bring a claim.  But what happens if an employee has been told

What is statutory severance pay? In Ontario, severance pay is a statutory payment that is made by the employer to the employee upon termination of an employee in ADDITION to notice of termination. It is only required in Ontario and federal jurisdictions. The purpose of severance pay is to compensate the employee for his or

The short answer is yes, an employer has the discretion to fire an employee even if they are on short-term disability in Ontario. The long answer is it depends on the specific fact scenario. However, if the reason or part of the reason for the termination is because of your disability, that is discriminatory and

When a non-unionized employee is terminated without cause in Ontario, they are entitled to termination pay and sometimes, severance pay. “Severance pay” and “termination pay or notice pay” are often used interchangeably, but they are actually distinct legal concepts. Every employee that is dismissed without cause is entitled to termination pay, but only some employees

What is termination with cause? In Ontario, termination with cause is sometimes also referred to as termination for cause, dismissal with cause, or just cause termination. Termination with cause is the capital punishment in employment law and the employee terminated with cause will not be entitled to reasonable notice of termination, statutory termination pay or