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Incorrect ROE Warrants Inconvenience Pay – Toronto Employment Lawyer

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 …

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

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 …

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Update on the Legality Surrounding Termination Clauses

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 …

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Fired and Rehired – Toronto Employment Lawyer

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 …

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Workplace Accommodations Are a Two-Way Street

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 …

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Restrictive Covenants in the Workplace

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 …

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Employment Insurance and Wrongful Dismissal (Video)

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 …

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Employee Rights During Statutory Leaves – Toronto Employment Lawyer

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 …

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