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How To Make Return To Work Decision After COVID-19 Lockdown

We have prepared a helpful infographic to guide returning to work after while the economy is opening up after the COVID-19 lockdown. Decision Tree for Employees and Employers: How To Make Return to Work Decision  Monkhouse Law is an employment law firm in Toronto with a particular focus on employee and workers’ issues. If we …

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Severance Pay Ontario

What is severance pay in Ontario? The term “severance” is often used in casual conversation to refer to any type of compensation given at the end of an employment relationship.  It is frequently used interchangeably with the terms “termination pay” or “pay in lieu.”  In law, however, severance pay is divided into three categories: statutory …

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Ontario Curtails Right To Claim Constructive Dismissal For COVID-19 Layoffs

The Ontario government, without any advance warning, has issued a significant regulation, O. Reg. 228/20, that appears to attempt to make life more predictable for employers. It prevents employees from complaining that they have been “constructively dismissed” to the Ministry of Labour. The new regulation declares that workers who were laid off shall not be …

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Non Compete Clause Ontario

A non compete clause (also known as a non competition clause) is a provision that some employers include in their employment contracts to prevent former employees from working for a competing employer or from starting their own business that provides the same services. It is important to note that non-competition is not an implied term …

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WestJet Seeks Exemption From Canada Labour Code For Group Termination Of +50 Employees

On May 21, 2020, CBC and CTV reported that WestJet is asking the federal government for an exemption from following employment standards legislation. Specifically, WestJet intends to permanently terminate 50 or more people which triggers obligations under “Group Termination”, Division IX of the Canada Labour Code. If successful, WestJet will not be required to give …

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Insubordination In The Workplace: Can You Be Terminated With Just Cause?

If you are accused of insubordination at work, your employer may consider they have just cause to terminate your employment immediately. As a result, you may be dismissed without notice or pay in lieu of notice. However, insubordination does not warrant a just cause termination in all circumstances. In this article we discuss the definition …

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When a Temporary Layoff Becomes a Termination: What You Need To Know

COVID-19 has forced numerous Ontario businesses to close their doors. While a fair number of employers initially laid off their employees, now many temporary layoffs are becoming permanent terminations. What should you do if you are in this situation? The quick answer is that you should seek legal advice before signing off on any severance …

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CIBC Bank Employees Win a Class Action for Unpaid Overtime

The Ontario Superior Court of Justice has ruled in favour of the employees in the unpaid overtime class action case brought against the Canadian Imperial Bank of Commerce (“CIBC”). The decision in Fresco v. Canadian Imperial Bank of Commerce, 2020 ONSC 75, is a landmark decision and an important affirmation of one of the key elements …

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Ontario Reopening Plan: How to Return to Work After COVID-19

On April 28, 2020, Premier Doug Ford provided the framework including a 3-stage process for Ontario’s Reopening Plan after COVID-19. The reopening will be gradual and will occur in stages. There will be two-to-four weeks between the launch of each stage to allow provincial health officials to assess conditions before moving to the next one. The …

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