The Ontario Liberal government has tabled a bill based on the ‘Changing Workplaces Review’ report that has passed and will soon become law. Below we have highlighted some of the generally expected updates to the Employment Standards Act, 2000, which will affect many employers and employees. 1. Minimum wage increases – s. 23.1 Before: As …
The above question is one that many employees ponder when they have been terminated from their employment. Many believe that an employer is obligated to provide an employee with a reference letter. This belief, however, is incorrect. That is not where the story ends though. While an employer is not obligated at law to provide …
Does an employer have an obligation to give an employee a reference letter? Read More »
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 …
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 …
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 …
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 …
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 …
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 »