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?
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
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?
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
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 (email@example.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
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?