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The Facts The Plaintiff worked as a Telesales Representative for approximately nine (9) years, from February 2007 until April 1, 2016. Within her role, she ran subscription/fundraising campaigns for clients. For each new campaign, the employee would sign a contract for approximately one year. Her duties consisted of telemarketing work, fundraising, promoting and selling tickets …

Incorrect ROE Warrants Inconvenience Pay – Toronto Employment Lawyer Read More »

To bring a wrongful dismissal matter before the courts, the employee can do one of two things: start an Action or bring an Application. An Action is a stereotypical lawsuit, in which a party typically seeks money damages and has an in-person hearing with witnesses, oral testimony etc. An Application is usually commenced to obtain …

Applications for Wrongful Dismissals a Detriment to the Applicant – Limit Judicial Fact-Finding & Mediation Read More »

It is trite law that an employee is entitled to reasonable common law notice upon termination, unless an employment contract legally limits the employee in a termination clause to the Employment Standards Act, 2000 [“ESA”] minimums. Since the highly-anticipated Ontario Court of Appeal’s ruling in Wood v Fred Deeley Imports Ltd., 2017 ONCA 158,[“Wood’] which …

Update on the Legality Surrounding Termination Clauses Read More »

The smooth and efficient employee and employer relationship rely on each party carrying out their obligations owed to one another. When an employer or another employee suspect there has been a breach of an employee’s duties, an investigation may be necessary. This is a complicated task for employers, as their method and conduct through an …

Workplace Investigations – Misconduct Read More »

Employees alleging wrongful dismissal have a duty to mitigate, which is the duty to make reasonable efforts in finding employment that is similar to their previous position. In some cases, employers elect to offer alternative employment to dismissed employees around the time of the termination, and employees must contemplate whether to accept or decline this …

Fired and Rehired – Toronto Employment Lawyer Read More »

The Duty to Accommodate The duty accommodate is the duty to ensure that every individual is provided equal opportunity without discrimination based on the enumerated grounds listed in the Ontario Human Rights Code and Canadian Human Rights Act.  These governing legislations require an employer to modify their workplace in order to assist with any challenges …

Workplace Accommodations Are a Two-Way Street Read More »

Restrictive covenants also referred to as restraint of trade clauses, are terms in an employment contract that seeks to limit an employee’s ability to freely work and earn income from other sources other than the company during and after employment. Typically, these clauses present themselves as non-competition and non-solicitation clauses. The operability of these clauses …

Restrictive Covenants in the Workplace Read More »

Toronto Employment Lawyer, Andrew Monkhouse, talks about the relationship between Employment Insurance and wrongful dismissal. How do Employment Insurance (EI) and Wrongful dismissal interact? For more information regarding this topic, click the link above to watch a very informative video. Or contact us for free phone consultation. Call us for a FREE 30 minute phone consultation at …

Employment Insurance and Wrongful Dismissal (Video) Read More »

Employees who take leave under the ESA have considerable rights and protections. Part XIV of the Employment Standards Act (“ESA”) provides for ten types of statutory leave: 1. Pregnancy Leave 2. Parental Leave 3. Family Medical Leave 4. Organ Donor Leave 5. Family Caregiver Leave 6. Critically Ill Child Care Leave 7. Crime-Related Child Death …

Employee Rights During Statutory Leaves – Toronto Employment Lawyer Read More »

Employees are sometimes placed on suspension from their workplace, whether paid or unpaid and are unaware of their rights during this time frame.  Is the employer allowed to do this?  Should I be getting paid?  Is this even a good reason to be suspended?  During this confusing time, it is best to consult with an …

Suspensions from the Workplace – Paid or Unpaid? Read More »