COVID-19 – Constructive Dismissal Update Revisited

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 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?

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?

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?

Can You Sue Your Former Employer For Giving A Negative Reference?

It is less and less common for an employee to spend his entire working career with one employer. In order to build a more impressive resumé and develop a greater skill set, it is not uncommon to find employees spending several years with one employer, then moving on to other opportunities, and repeating the process … Continue reading Can You Sue Your Former Employer For Giving A Negative Reference?

Who Is Liable In A Fight Between Athletes?

We are a sports-loving nation. No surprise there. Not only do we love watching sports, many of us are passionate about competing in sports and similar athletic pursuits. Occasionally, however, that passion can get the better of an athlete, causing him to start a fight with another competitor. Think of a hockey enforcer responding to … Continue reading Who Is Liable In A Fight Between Athletes?

When Does My Disability Coverage End?

Employees who participate in a group benefits plan often enjoy coverage for prescription drugs, dental care, and life insurance, among others. Some group benefits plans include coverage for things like accidental death and dismemberment, and short term disability. Not surprisingly, among the more desirable benefits is long-term disability coverage. However, as employees move or transfer … Continue reading When Does My Disability Coverage End?

Is Your Home Office A Fundamental Term Of Employment?

How would you feel if you had the benefit of working from home for many years, only to have your employer tell you that you are no longer able to do so and must work from the head office instead?

What will happen to my job now that the business has been sold?

Mergers and acquisitions of companies and their assets occur on a regular basis. Sometimes the entire company is acquired by way of a purchase of the shares. At other times, only the assets of the company are purchased, leaving ownership of the company intact. From an employee's point of view, this distinction can be important … Continue reading What will happen to my job now that the business has been sold?