In my last post, which you can find here, I wrote about section 7 of O. Reg. 228/20 entitled Infectious Disease Emergency Leave (the “IDEL Regulation”) and how it affects an employee's claim for constructive dismissal. Section 7 of this Regulation of the Employment Standards Act, 2000 (the “ESA”) states: (1) The following does not constitute constructive dismissal if … Continue reading COVID-19 – Constructive Dismissal Update Revisited
As many employers are aware, not long after the start of the pandemic, the provincial government enacted legislation to preclude employees from advancing a claim of constructive dismissal based on a temporary lay-off prompted by COVID-19. More information on constructive dismissal can be found here. Specifically, the government passed O. Reg. 228/20 entitled Infectious Disease … Continue reading COVID-19 – Constructive Dismissal Update
Quite often, when I am asked by a client to review a severance package, the entitlement to a bonus is an important factor. In some cases, the employer historically pays a bonus, which varies in amount from year to year, but is entirely gratuitous with no connection whatsoever to the performance of the employee or … Continue reading I Have Just Been Let Go. What Happens To My Bonus Now?
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?
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
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
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?
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
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
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?