Employment Law
COVID-19: Can Your Employer Force You Back to Work in Ontario?
With the Province of Ontario now into Stage 1 of its ‘Framework for Reopening’ businesses, many workers have questions about their rights as they relate working during the COVID-19 pandemic. If your employer is allowed to resume business but you...
Supporting Businesses and Employees During the COVID-19 Crisis
Both employers and employees have been thrust into an unforeseen situation with the arrival of the COVID-19 pandemic in Canada. This public health emergency has left everyone scrambling. While certain businesses are able to continue on in a semi-normal manner,...
Constructive Dismissal: The unapparent termination
Both employees and employers alike must be aware of how changes and acts in an employment relationship can result in constructive dismissal. What is constructive dismissal? Constructive dismissal can take many forms. Among them, changes to an employee’s job title,...
Scents and Sensitivity
Much of the spotlight in employment law tends to be dealing with negative workplace behaviours. But we should not lose sight of the seemingly smaller issues that can also be significant to employees and employers. One of these issues is...
Benefits for Employees Over 65
A recent decision of the Human Rights Tribunal of Ontario, is changing how provincially regulated employers in Ontario deal with the provision of benefits for employees who are 65 years of age and over. In Talos v. Grand Erie District School Board, 2018 HRTO 680 (CANLII), Mr. Talos brought...
Employee Entitlements and Severance Pay in Ontario
The Employment Standards Act ("ESA") in Ontario provides employees with various minimum entitlements under the law. Among the most significant are those dealing with employee entitlements at the time of termination. We often hear the term 'severance pay' applied to...
Termination Pay in Ontario
One of the most important issues that arises when an employer dismisses an employee in Ontario relates to notice pay. Often commonly referred to as severance pay, termination pay or a severance package, notice pay is owed to employees who...
Validity of Termination Clauses in Employment Contracts
When drafting an employment contract, employers should always be careful to ensure that any termination clauses it includes are valid both today and in the future. It is most unpleasant to enter into an employment contract thinking that you know...
No Duty to Mitigate for Terminated Employees under Fixed Term Agreements
A fixed term employment contract is meant to provide certainty to both the employee and the employer. However, where the drafting is deficient, that certainty can vanish and result in significant liability for the employer. A recent Ontario Court of...
Wrongful Dismissal or Termination for Cause?
The majority of litigation in employment law involves termination. There are two different types of termination: termination in the normal course and termination for cause. When dealing with a termination in the normal course, the analysis centers solely on the...
