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 emotionally unstable, all of which have contributed to performance issues at work. At what point, before disciplining or terminating that employee, is an employer required to ask them whether they …
An Employer’s ‘Duty to Inquire’ – Toronto Employment Lawyer Read More »
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. Some of the more talked-about changes included: increase in minimum wage up to $15 per hour by 2019, employee’s entitlement to two paid sick days per year, increase in vacation …
Don Cherry and Bill 47 – Toronto Employment Lawyer Read More »
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 by going out and finding a new comparable position. That said, many people find it difficult to find a new job if they have recently been let go. They have …
How Do I Explain My Termination in a Job Interview? Toronto Employment Lawyer Read More »
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, Fair Workplaces, Better Jobs Act 2017 into law. As a result, both parents are now entitled to a Parental Leave of up to 63 weeks. If you are a new …
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 much higher if the contract is not valid. We discussed one of the ways that ambiguity can impact fixed-term employees in a previous blog, but how exactly is ambiguity interpreted …
Ambiguity & Fixed-term Contracts – Toronto Employment Lawyer Read More »
If you’ve been denied long term disability (“LTD”) benefits and you are still unable to return to work, there are a number of options available to you, for instance: 1. Appeal. Read your denial letter, and determine the reasons for the denial. Often, more medical information is needed, and it can just be a simple …
What to do if you’ve been denied LTD Benefits – Toronto Employment Layer Read More »
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 an even rarer award of defamation damages. The plaintiff, Hampton Securities, employed the defendant, Ms. Dean, from March 2008 to April 2009. Ms. Dean was employed as a securities trader. …
Superior Court Makes Rare Award of Punitive, Defamation Damages Against Employer Read More »
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 alleged assault did not occur in a workplace, it raised questions as to whether this nominee was able to properly take office in the job he was nominated to in …
Sexual Assault and the Civil Courts – Toronto Employment Lawyer Read More »
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 not be entitled to notice or pay in lieu of notice of your termination. This means you will not receive a severance package. The standard for just cause is generally …
Just Cause: Can My Employer Terminate Me Without Notice or Pay? Read More »
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 fiduciary, someone entrusted with the care of money or property. This is a duty of loyalty and good faith. Do all employees have a fiduciary duty? No. The mere existence …