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Reprisal or Wrongful Dismissal?

Employers are prohibited from penalizing or threatening to penalize employees in any way for asserting or asking about their rights under employment legislation. An example of reprisal is when an employee complains to the Ministry of Labour that their employer is not paying overtime, and, in response, the employee is reassigned to a different position. The …

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Short Term Disability Ontario: Know Your Rights

Short-term disability insurance is an income replacement for employees while away from work for a brief, defined period and unable to perform their own job due to disability or illness. Read on to learn about your options regarding short term disability. Who qualifies for short-term disability? As long as an employee has short-term disability benefits …

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Continuity of Employment and Calculating Notice of Termination

An employee’s entitlements to notice on termination, either their minimum entitlements under the Employment Standards Act (ESA) or common law reasonable notice, are primarily dependent upon the length of service. But what happens if an employee has been with the same employer and there was a break in the continuity of service? How should notice …

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Contract Employees Ontario | What You Need To Know

Most employers hire employees on a contract for an indefinite term. Some employers, however, hire employees on a contract for a fixed term, called “fixed-term contract employees”.  Fixed-term contract employees may be defined not only by a definite period of time but also by the duration of a specific task or by a specified event. …

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Fixed Term Employment Contract and Damages on Termination

Given the current economic climate, hiring employees with fixed term employment contracts may appear quite appealing because business needs may change by the end of the term. However, it is important to remember that if the contract is terminated early, it may entitle employees to contractual damages that would put them in the same situation …

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Federal Court of Appeal Finds Signed Release Does Not Preclude Employee from Bringing Canada Labour Code Complaint 

Upon termination, many employees will be asked by their employer to sign some form of release, releasing the employer from future liability in exchange for some amount of compensation. What happens if subsequent to signing that release, the employee brings a complaint under the Canada Labour Code? The Federal Court of Appeal, in Bank of …

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Is There A Time Limit To Being Part Of An Employee Class Action?

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 …

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Overtime Pay Ontario

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 …

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Mental Health Issues: Worker’s Compensation, LTD and CPP Disability Claims

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 …

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