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 …
Employee Rights During Statutory Leaves – Toronto Employment Lawyer Read More »
Employees are sometimes placed on suspension from their workplace, whether paid or unpaid and are unaware of their rights during this time frame. Is the employer allowed to do this? Should you be getting paid? Is this even a good reason to be suspended? During this confusing time, it is best to consult with an …
Suspensions from the Workplace – Paid or Unpaid? Read More »
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 …
No ‘Ball Park’ Justice – An Employer’s Offer Does Not Set the Baseline! Read More »
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 …
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 …
Limitation Periods for Wrongful Dismissal Actions – Toronto Employment Lawyer Read More »
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 …
Applying for LTD after Termination – Toronto Employment Lawyer Read More »
In most cases, parties that enter into a contract agree on a specific set of written terms, which tend to indicate the importance of these terms to the parties. However, the written terms of a contract are not always the only binding terms. Terms can be implied into the contract in certain ways that the …
Implied Terms – The ‘Invisible Ink’ in the Contract Read More »
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, …
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 …
Changing Workplaces: Potentially Greater Protection for Contractors Read More »
Constructive dismissal is when your employer decides to make a unilateral change to one or more of the fundamental terms of your employment without providing notice or pay in lieu of notice. This often leaves employees with no alternative options than to contemplate leaving their workplace. The rule for determining whether or not you have …