In 2017, in its decision in Saadati v. Moorhead, the Supreme Court of Canada addressed the question of what constitutes a compensable mental injury and the kind of evidence needed to prove that injury. The Court of Appeal recently revisited this question in its decision in Bothwell v. London Health Sciences Centre. Facts of the Case … Continue reading Saadati v. Moorhead Revisited – Proving Mental Distress Damages
Employment law has numerous terms or concepts that are not self-explanatory to lay people. Constructive dismissal and mitigation efforts are a couple of examples of this. Unless you are an employment lawyer, their meanings are not immediately obvious. There are also some obscure terms or concepts that can be foreign even to employment lawyers. The … Continue reading Changed Substratum – When your job duties no longer match your employment contract
The question posed in the title above seems simple, doesn't it? To calculate years of service, all one has to do is take the start date of employment and count the number of years until the end date. Done. Easy, right? But wait. Before you go, I have a few other questions for you. What … Continue reading How are my years of service with my employer calculated?
The pandemic has forced all of us to pivot from many of our previous modes of carrying out our day-to-day activities. Vaccine certificates are required in order to sit down for a meal at a restaurant. Masks and daily health screenings are needed before our children head out the door to go to school. Screen … Continue reading What is a signature in the Digital Age?
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
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?
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?