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No ‘Ball Park’ Justice – An Employer’s Offer Does Not Set the Baseline!

In many terminations without cause, employees are offered some payment in lieu of termination notice by their employers. Often, the amount initially offered is an employee’s minimum statutory entitlements. In some cases, an employer offers additional amounts – an amount that they may refer to as a ‘reasonable offer’ – of money to help an …

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Addiction in the Workplace

The question of whether an employer has violated either a potential, current or past employee’s human rights is an often litigated one. The courts have continuously examined the protected grounds and circumstances that make rise to this complex area. Drug and alcohol addiction has been recognized as included under the protected ground of “disability” in …

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Limitation Periods for Wrongful Dismissal Actions – Toronto Employment Lawyer

Does a limitation period commence at the time notice of termination is given? Or on an employee’s last day of work? Limitation periods on the commencement of civil actions are governed by statue. In the province of Ontario, the general source is the Limitations Act, 2002, S.O. 2002, c. 24. With specific reference to wrongful dismissal …

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Applying for LTD after Termination – Toronto Employment Lawyer

If you have been fired in Ontario, the Employment Standards Act, 2000 (“ESA”) requires an employer to continue an employee’s wages and terms of employment including benefit contributions until the end of the notice period. Most often, employers mention the continuation of some but not all benefits.  If your employer fails to continue any of …

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Notice for Dependent Contractors Not So Different From Employees – Toronto Employment Lawyer

The ‘dependent contractor’ category of worker is gaining more ground in Canadian law. In recent cases, dependent contractors have been increasingly found by courts to be entitled to some employee-like protections when it comes to termination. Considering these recent decisions along with the proposed changed in the Employment Standards Act we detailed in another post, …

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Changing Workplaces: Potentially Greater Protection for Contractors

In many lawsuits between workers and employers, disputes over whether the worker is an employee or contractor often arise due to the changing nature of work. More than ever are workers working contract to contract, able to work remotely and have greater power to set their own schedule, creating the appearance of independence. The difference …

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Civil Delays and R. v. Jordan – Toronto Employment Lawyer

Swift justice to our clients is very important, especially to employees who have been wrongfully dismissed with no, or improper, notice. That said “swift” in the civil court context can mean an employee is left to wait at least one year before their hearing. In the 2016 decision of R v Jordan, the Supreme Court …

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