As A Union Member, Can I Sue My Employer?

I often receive phone calls from employees who are members of a union with inquiries about claims that they would like to pursue against their employers. Unfortunately, except in very limited circumstances, there is little that I can do as an employment lawyer to help them. The limited circumstances where I can assist a union … Continue reading As A Union Member, Can I Sue My Employer?

COVID-19 – Urgent Applications During the Pandemic

With the onset of the COVID-19 pandemic in March, courts across the province ceased operations almost entirely.  At present, in the Superior Court of Justice, the only civil cases to be adjudicated are those considered urgent in nature.  A link to the Notice issued by Chief Justice Morawetz setting out the various kinds of urgent … Continue reading COVID-19 – Urgent Applications During the Pandemic

Update on Termination Clauses from the Court of Appeal

Termination clauses or notice provisions in employment agreements are an area of employment law that continues to develop at a rapid pace.  These provisions attempt to limit the amount of notice, or pay in lieu thereof, that an employee might be entitled to upon dismissal.  My previous article on this topic can be found here. … Continue reading Update on Termination Clauses from the Court of Appeal

What Am I Entitled To In A Wrongful Dismissal Claim?

Most of the time, when a client comes to see me about a wrongful dismissal, the client tells me, "I only want what I am entitled to."  However, most of the time, the client does not really know what he or she is entitled to in damages or compensation.  The Court of Appeal's decision in … Continue reading What Am I Entitled To In A Wrongful Dismissal Claim?

Publicly Placing A Person In False Light

The COVID-19 pandemic forced millions across the province to work or study from home.  In order to use videoconferencing or virtual classrooms, a stable internet connection is needed.  While the internet has become an indispensable tool for most Ontarians, we are all well-aware of how it can also be used to harm others. The law … Continue reading Publicly Placing A Person In False Light

COVID-19: Legislative Changes to Constructive Dismissal

As of May 29, 2020, the Ontario government has altered the law on constructive dismissal. In Farber v. Royal Trust Co., the Supreme Court of Canada describes a constructive dismissal as “a fundamental or substantial change to an employee’s contract of employment.” In its subsequent decision in Potter v. New Brunswick Legal Aid Services, the Supreme Court further explains … Continue reading COVID-19: Legislative Changes to Constructive Dismissal

How Long Can I Wait To Look For A New Job?

Every employee suing for wrongful or constructive dismissal is required to mitigate his or her losses by taking reasonable steps to search for new work. This duty to mitigate is a topic that I have written about on several occasions.  You can find links to these articles here and here. A question that I am … Continue reading How Long Can I Wait To Look For A New Job?

COVID-19: Legislative Changes for Employees and Employers

We have heard it repeatedly from the media and our political leaders.  These are unprecedented times. Since the goverment-ordered shutdown of all businesses and services that were deemed to be non-essential, the financial well-being of millions of Canadian employees - as well as the companies they work for - have been severely impacted.   In … Continue reading COVID-19: Legislative Changes for Employees and Employers

COVID-19 Response

Despite these unprecedented and challenging times, we want to assure you that, as an essential service, our office remains open to serve you.To respond to your needs, we are available by phone (905-427-4077 x29), e-mail (jrobles@reillyandpartners.com), as well as videoconference (Zoom and WebEx). As part of our efforts to practice social or physical distancing and help stop the … Continue reading COVID-19 Response

Will Your Termination Clause Hold Up?

One of the hot button topics in employment law for the last several years is the enforceability of termination clauses or notice provisions in employment agreements. Such clauses attempt to limit an employee's entitlements upon dismissal, often to the minimum standards set out in the Employment Standards Act, 2000. In recent years, the case law … Continue reading Will Your Termination Clause Hold Up?