With the COVID-19 pandemic employees and employers often go back to the employment agreements to review their rights and obligations in case of termination. Beware! What you read in the contract might not be the full story. Recently, the Ontario Court of Appeal rendered a very important decision that clarifies that if any part of …
Is jury duty mandatory in Ontario? Currently, Ontario allows a jury of six people to assess damages and decide issues of fact in civil cases, except in certain situations where it’s prohibited by statute. It is the civic duty of all Canadian citizens 18 years of age and older to serve as a juror if …
The Current Status of Jury Duty in Ontario for Employees Read More »
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 …
How To Make Return To Work Decision After COVID-19 Lockdown Read More »
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 …
In 2020, the Ontario government, without any advance warning, issued a significant regulation, O. Reg. 228/20, that appears to attempt to make life more predictable for employers (Infections Disease Emergency Leave Regulation or IDEL Regulation). It prevents employees from complaining that they have been “constructively dismissed” to the Ministry of Labour. The new regulation declares …
Have you heard of workplaces asking employees to be on a 9 to 5 video call with their managers while working from home? While that sounds wrong, is it illegal? In brief, the answer is that while reasonable employee monitoring is allowed, substantial changes to the employment contract are invalid if the employer doesn’t provide …
Work From Home Privacy Rights in the Era of COVID-19 Read More »
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 …
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 …
WestJet Seeks Exemption From Canada Labour Code For Group Termination Of +50 Employees Read More »
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 …
Insubordination In The Workplace: Can You Be Terminated With Just Cause? Read More »
COVID-19 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 package …
When a Temporary Layoff Becomes a Termination: What You Need To Know Read More »