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In 2006, when Ontario abolished mandatory retirement, employers were still able to terminate benefits for workers who turned 65, due to a section of the Human Rights Code (the “Code”) that permits pension and benefit plans to treat workers older than 65 and younger than 18 differently than their colleagues. Recently, however, the Human Rights …

Human Rights Tribunal of Ontario Finds Human Rights Code Provision Unconstitutional Read More »

Monkhouse Law, founded by Andrew Monkhouse has been nominated as a finalist at the 2018 Canadian HR Awards for the Best Employment and Labour Law Boutique. Although this is the inaugural award for both of these categories, and the first time that any lawyers or law-firms are being honoured the Canadian HR Awards are now …

Monkhouse Law Finalist in National HR Awards Read More »

When an employee commences an action for wrongful dismissal that employee has an obligation to take reasonable steps to find a new job comparable to the one they had before. In legal terms, this is known as the employee’s “duty to mitigate.” Generally, employers are responsible for any reasonable costs incurred by an employee in …

Court awards Costs of Selling Home and Purchasing New Home in Wrongful Dismissal Case, Toronto Employment Lawyer Read More »

A recent decision of the Ontario Court of Appeal could have implications for how public-sector employers respond to harassment by customers. In Bracken v Fort Erie (Town), 2017 ONCA 668, the Court considered whether the Town of Fort Erie was justified in issuing a trespass notice against a man who had made town employees feel …

Court of Appeal Clarifies Freedom of Speech in Government Workplaces Read More »

When an employee is terminated without cause, they are entitled to compensation, also known as termination notice or pay in lieu, during the notice period, which is a set amount of time as outlined in Section 57 of the Employment Standards Act, 2000. This compensation is comprised of the employee’s salary and the continuation of …

“Active Employment” and Long-Term Disability Benefits after Paquette – Toronto Employment Lawyer Read More »

There is no question that provincially-regulated employees who are terminated without cause are, at a minimum, entitled to have all benefits of their employment continued through the minimum notice periods prescribed by the Employment Standards Act, 2000 (the “ESA”) (see ss. 60 and 61 of the ESA). Moreover, it is settled law that where the …

Benefits Continuation for the Federally-Regulated Employee and Enforceability of Employment Contract Read More »

Wrongful dismissal awards can be categorized in different ways depending on the type of claim you make against your employer.  How the money is categorized will determine what your tax obligations are with respect to the funds.  Keep in mind that lawyers are not accountants or financial advisors, so the following information is just that, …

Wrongful Dismissal Awards: How Is It All Taxed? Read More »

The federal government is set to make changes to Canada’s workplace harassment laws. The media coverage of Bill C-65, which was announced in November 2017, has focused on the proposed changes to the Parliamentary Employment and Staff Relations Act, which applies to MPs and their employees. However, the bill would also amend the Canada Labour …

Preventing Workplace Harassment Federal OHS Requirements – Toronto Employment Lawyer Read More »

What is the Pay Transparency Act, 2018? What are its goals? This piece of legislation aims to make employers aware of and accountable for gender-based inequalities within their workplaces. Passed by the province on April 26 and receiving Royal Assent on May 7, the Pay Transparency Act will come into force on January 1, 2019. …

Ontario Law Targets Pay Transparency Starting in 2019 Read More »

In Canada, when an employee is terminated without cause – that is, without having engaged in serious misconduct warranting a termination for cause – they are entitled to notice of their termination or pay in lieu thereof. Unless an employee’s contract limits their entitlements on termination, an employee can generally expect to receive between 3-5 …

Sometimes Even The Right to Reinstatement Can Be of a Benefit to Employees From a Tax Perspective Read More »