Search Results for: Leave of absence

What constitutes job abandonment? Job abandonment is when an employee persistently refuses to attend work or explain their absence. In order for an employer to terminate an employee for job abandonment, the employee’s intention to abandon their position must be made clear. There is no specific length of time stipulated within the employment legislation in […]

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

Typically, an employment relationship ends in one of two ways, either by termination or resignation. There is, however, a third, less intuitive way that employment may end: frustration of contract. This most often happens when the employee is too sick to keep working. Many employees choose to retire and/or quit when they are no longer

Employers sometimes attempt to cancel their contracts with employees who have been on Long Term Disability (LTD) for a long period of time. When this occurs they often rely on the principle of frustration of contract. Principles of Frustration of Contract Frustration of contract is an ancient contract law principle. In situations where an intervening

Just as life seems like it is returning to normal, COVID-19 Mandatory Vaccination Policies in the workplace have created new hurdles.  On October 15, 2021, the Ministry of Employment and Social Development Canada (“The Ministry”) provided an update that suggests that the refusal to vaccinate may result in the denial of employment insurance benefits for

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

Toronto and Peel Region moved to Stage 3 of Ontario’s reopening plan today, July 31, 2020. Stage 3 aims to get employees back to their physical work location to begin the path to economic recovery. Read on to learn more about what to do if you have concerns about going back into work and what

The content of this post is constantly updated and it presents the most recent information as of September 16, 2021. Since mid-March 2020, we have answered hundreds of calls from employees in Ontario about their entitlements and options during the COVID-19 pandemic. Employees often feel they are presented with ultimatums and cannot afford to pay