Class actions in the realm of employment law are a relatively new but growing field. Class actions in employment law are an ideal way for workers to have access to justice. Not only do they allow employees to maintain anonymity and prevent reprisals from their employer, but they also allow recovery of small amounts for …
Class Actions in Employment Law – Current Developments and Upcoming Issues Read More »
A legal claim is discoverable at the point in time when a Plaintiff becomes aware of the facts underlying the claim. From this date, the limitations “clock” begins to run, and the Plaintiff generally has two years from that date of discoverability to bring a claim. But what happens if an employee has been told …
Limitation Periods in Employee Misclassification Cases Read More »
What is statutory severance pay? In Ontario, severance pay is a statutory payment that is made by the employer to the employee upon termination of an employee in ADDITION to notice of termination. It is only required in Ontario and federal jurisdictions. The purpose of severance pay is to compensate the employee for his or …
The short answer is yes, an employer has the discretion to fire an employee even if they are on short-term disability in Ontario. The long answer is it depends on the specific fact scenario. However, if the reason or part of the reason for the termination is because of your disability, that is discriminatory and …
Can You Be Fired While On Short-Term Disability In Ontario? Read More »
When a non-unionized employee is terminated without cause in Ontario, they are entitled to termination pay and sometimes, severance pay. “Severance pay” and “termination pay or notice pay” are often used interchangeably, but they are actually distinct legal concepts. Every employee that is dismissed without cause is entitled to termination pay, but only some employees …
What is termination with cause? In Ontario, termination with cause is sometimes also referred to as termination for cause, dismissal with cause, or just cause termination. Termination with cause is the capital punishment in employment law and the employee terminated with cause will not be entitled to reasonable notice of termination, statutory termination pay or …
Termination With Cause Ontario: What You Should Know Read More »
Stock options, restricted share units (“RSUs”), long-term incentive plans (“LTIPs”), bonuses, and other non-traditional compensation structures can comprise a large portion — even a majority — of an executive’s compensation. The increasing dominance of employee stock options has led to more litigation in this area in recent years as new and more nuanced questions arise …
Executive Compensation – What Are Your Options in Canada? Read More »
Update May 6, 2021 On April 29, 2021, Ontario implemented amendments to the Employment Standards Act, 2000 (“ESA”), which provide employees with up to three days of paid leave. The amendments also allow for employers to receive reimbursement for the three days of paid leave given to employees. The job-protected paid leaves are for any …
COVID-19: New Temporary Paid Sick Leave Program in Ontario (Updated May 6, 2021) Read More »
In response to the COVID-19 pandemic, the Employment Insurance (“EI”) rules have been temporarily changed in Canada to allow employees to access EI benefits even when they received a severance package. Read on to learn more about what this means for employees. Generally, an employee cannot receive EI benefits while also receiving severance or termination …
COVID-19: Employment Insurance Benefits and Severance Package Read More »
The short answer is it depends. Mandatory workplace vaccination policies can be part of a larger program for preventing workplace spread of infectious diseases. However, such policies are usually only enforceable where they: Are based on evidence demonstrating: a serious risk of infection in the workplace, and the effectiveness of a vaccine or alternative measures …
Can Your Employer Make It Compulsory To Get The COVID-19 Vaccine In Ontario? Read More »