Search Results for: Leave of absence

Don’t Quit When Going on Sick Leave: Frustration of Contract

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 […]

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Can My Employer Terminate Me While On Disability Leave?

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

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Monkhouse Law Successfully Appeals Denial of CPP Disability Benefits

In the recent case of Knaus v Minister of Employment and Social Development, the Social Security Tribunal of Canada awarded the Claimant Canada Pension Plan (“CPP”) disability benefits dating back to November 2017. The Claimant will remain eligible for benefits until her 65th birthdate. In this case, the Claimant was diagnosed with depression, sleeping disorders,

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Employment Standards Act Ontario – Employment Standards in Ontario

The Ontario Employment Standards Act 2000 (ESA) sets out the rights and responsibilities of employees and employers in Ontario. The ESA provides the minimum standards of employment both employers and employees must follow, including wages, leaves of absence, work hours, notice and severance pay upon termination.  With a few exceptions, the Employment Standards Act applies

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COVID-19 and the Workplace: What Employees Need to Know (Updated Sept 16, 2021)

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

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The Canadian Emergency Wage Subsidy Debate: Look Across the Pond For Options

The COVID-19 crisis has spawned an interesting array of emergency schemes by governments to provide assistance to those who have lost employment as a result of the downturns. It is instructive to consider the similarities and differences. The United Kingdom has enacted direct support to workers and it could be a good source of inspiration

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Bill C-86 Updates the Federal Employment Standards Regime

Bill C-86, ‘A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures (the “Bill”)’, received Royal Assent on December 13, 2018. Through Bill C-86, the federal government amended several provisions of Part III of the Canada Labour Code (the “Code”) prescribing minimum labour standards for

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