Long Term Disability in the Context of Popular Social Media Long term disability claims are often long and arduous by their very nature. As the benefits are subject to multiple qualifications and are paid out over an extended period of time, insurance companies and claimant disputes will often arise at numerous stages in the …
LTD Claims Surveillance and Social Media – Are You Being Watched? Read More »
Generally, no employee should ever resign due to health reasons since that means getting no severance pay. If an employee is too sick to work or struggles physically to do their job they should go on leave, and then have an employment lawyer let their employer know that their contract is frustrated. If a 26 …
Retirement Because Of An Illness or Injury is Throwing Away Money Read More »
In the past year, the Ontario government has introduced some additions and changes to the Occupational Health and Safety Act (“OHSA”) with the hope of providing additional protection and information to workers regarding hazardous working conditions. Within this post, we will be focusing on the new regulations on noisy work environments and how employers and …
New Changes in Workplace Safety – A ‘Noisy’ Hazard – Toronto Employment Lawyer Read More »
A termination clause in an employment contract details what happens when the parties, most often the employer, wants to end the working relationship. From an employment lawyer’s perspective, this clause is one of the most important, if not the most important, aspects of an employment agreement. Because of its significance and the power imbalance between …
Update March 26 2020 related to COVID-19 Construction employees and employers face a particularly challenging situation in the face of the pandemic. Unfortunately, recent government measures have only worsened their uncertainty. The Ontario government’s emergency measures included the construction sector on the list of essential workplaces. The description is broad and seems to indicate that …
Important things to keep in mind when investigating a harassment complaint The Ontario Human Rights Code (“Code”) states that employees have the right to be free from abusive or annoying behaviour stemming from one or more grounds in the Code. Section 5(2) of the Code states the following: Every person who is an employee has …
Investigating Harassment Complaints – Toronto Employment Lawyer Read More »
Speaking at a Greater Niagara Chamber of Commerce event earlier this month, Ontario’s Labour Minister Kevin Flynn stated that a final report outlining recommendations as part of Ontario’s Changing Workplaces Review (the “Review”) will be released sometime in the spring of 2017. The Review is the first independent review commissioned by the Ontario government in …
Final Report Expected Soon: Changing Workplaces Review Read More »
Typically, an employment relationship ends in one of two ways, either by termination or resignation. There is, however, a third, less intuitive way that employment may end: frustration of contract. This most often happens when the employee is too sick to keep working. Many employees choose to retire and/or quit when they are no longer …
Don’t Quit When Going on Sick Leave: Frustration of Contract Read More »
The Ontario Human Rights Commission has released a policy in relation to the limits placed on employers when requesting medical documentation to substantiate an employee’s request for accommodation at work in relation to a disability. The Commission has stated that employers should not ask for broad sweeping medical information relating to the employee, for example, …
Medical Documentation for Accommodation – What Can My Employer Ask For? Read More »
An employee may be entitled to a larger award for wrongful dismissal damages if the employee was induced and then subsequently dismissed. Inducement occurs when an employee is enticed from their current position either through aggressive recruiting or inflated promises. In order to meet the level of “aggressive recruiting” there must be significant pursuit, such …
Luring a New Employee Can be Costly – Toronto Employment Lawyer Read More »