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Pension Grow-In – Toronto Employment Lawyer

Many employees have accrued pension benefits over their tenure. However, employees may not be aware that if they are terminated prior to their retirement age, their pension policy and certain other factors may afford them a right to pension grow-in benefits under the Pension Benefits Act.  This right entitles the eligible plan member to receive …

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List of Federally Regulated Companies in Canada (Updated July 2021)

What kind of companies are federally regulated and what does that mean? Canada is a ‘double jurisdiction’ legal environment. That means that based on our federal system of government, employees working for different employers within the same province can be subject to different laws.  For frequently asked questions regarding employment and COVID-19, please read What …

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Updates to the ESA

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 …

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Does an employer have an obligation to give an employee a reference letter?

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 …

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Incorrect ROE Warrants Inconvenience Pay – Toronto Employment Lawyer

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 …

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Applications for Wrongful Dismissals a Detriment to the Applicant – Limit Judicial Fact-Finding & Mediation

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 …

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Update on the Legality Surrounding Termination Clauses

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 …

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Fired and Rehired – Toronto Employment Lawyer

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 …

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Workplace Accommodations Are a Two-Way Street

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 …

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