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Monkhouse Law has commenced over a dozen class action lawsuits for employees who are unfairly misclassified as independent contractors instead of employees, and not paid statutory entitlements on their entire earnings. We often get questions from class members wondering if they are eligible for the class action if it has been many years since they […]

In Ontario, overtime pay is 1.5 times an employee’s normal rate of pay for every hour worked in excess of 44 hours in a single week. This is often called being paid “time and a half”. The right to overtime pay is set out in Section 22 of the Employment Standards Act of Ontario. Who

An individual’s employment, and ability to work and support themselves, can be dramatically compromised by mental health issues. The Mental Health Commission of Canada reports that between 30% -70% of all disability claims are related to mental illness.  In a 2017 survey, it was found that the principal cause of mental health concerns in the

UPDATED AS OF MAY 25, 2021 If you are searching for temporary layoff Ontario then you may be in this difficult situation, or are concerned that you may soon to be in this situation. In Ontario, a large proportion of the workforce has experienced or will be experiencing temporary layoffs due to COVID-19. Furthermore, provincial

In the recent case of Kim v. BT Express Freight Systems, 2020 CarswellOnt 1870, the Ontario Superior Court of Justice awarded the employee damages for a cancelled employment offer. In this case, an employee was sought out by an employer, signed a contract, and left his previous position. Just a few days before he was

Yes, employees are eligible to collect Employment Insurance (“EI”) if they have been terminated “without cause”.  Being terminated without cause means the employee was let go from their employment through no fault of their own. This is exactly the situation the Canadian Employment Insurance program was intended to address, to help Canadians who have lost

What does job abandonment mean? Job abandonment occurs when an employee has a pattern of unexcused or unauthorized absences which result in the employer deeming their job “abandoned” and the employee is therefore terminated. Usually, this will result in this dismissal being treated as a resignation as opposed to a termination, meaning the employee will

In Canada, a Record of Employment or ROE is used in the Federal Employment Insurance program in order for the government to determine who qualifies for EI benefits, how much they will receive and for how long. We are going to explain the most commonly asked questions about ROE’s. What is an ROE? An ROE

What does a non-solicitation clause mean?  In Ontario, a non-solicitation clause is a provision in an employment contract that specifically prohibits an employee from soliciting or “poaching“ clients, customers, vendors, business partners or employees from their former employer. These restrictions must be limited in geographic scope and duration. In employment law, a non-solicitation clause is

On October 9th, 2020, the Supreme Court of Canada handed down its decision in the employment law case of Matthews v. Ocean Nutrition Canada Ltd., 2020 SCC 26. It is one of the Supreme Court’s rare decisions in employment law. The Court allowed the appeal, finding that the terminated employee was entitled to his bonus