When an employee remains in the same company for an extended period of time, it is common for their responsibilities to shift and increase in comparison to when they were first hired. This raises the concern of whether an employee…
As the economic situation continues to evolve, companies are making rapid changes to their workforce. Unfortunately, these changes can result in mass layoffs, which can be difficult for both employees and employers. Earlier this month, Nordstrom announced it was shutting…
Ontario Severance Pay: What if I Am Fired for Cause? Render v. Thyssenkrupp Elevator (Canada) Limited, 2022 ONCA 310 confirmed that where an employee is terminated on a “for cause” basis, the employer may be required to provide severance pay…
There are various reasons for which insurance providers may deny long term disability (LTD) benefits to a policy holder even though he or she has become unable to work due to a medical condition. These reasons may be found in…
Does your company conduct pro forma performance reviews? Do your non-unionized employees sometimes receive group salary raises in the standard course when their individual performance does not merit a raise? Performance reviews are important human resources management tools. Unfortunately, performance…
Back to work for first time since covid, and my job has dramatically changed, what are my legal rights? Covid-19 has caused significant changes to the job market in Ontario and all of Canada, many people have lost their jobs…
Since the beginning of the Covid pandemic, given its severe negative effects on the job market, there has been an outstanding question of how courts in Ontario will resolve employment termination cases in the context of the pandemic. Due to…
Employers in various industries often include non-competition agreements or clauses into their contracts with employees. This is common, for example, in professional services industries such as accounting, dentistry, legal, and also financial services, among others. Non-competition clauses prevent employees from…
We answer this employment law question in an article we wrote for mechanical business magazine. #mechbiz “One of the most common questions in the minds of business owners across the country is whether employees can, and should, be required to…
Over the past few decades the courts in Ontario have developed a significant amount of jurisprudence regarding an employee’s entitlements to various forms of compensation upon termination, including health benefits, commissions, bonuses, and pension plans. It is well established in…
In the early days of the covid, it was suggested that, when evaluating wrongful and constructive dismissal claims in the context of the pandemic, the courts would take into account the negative effects of covid on the job market, when…
Last year, our client brought an application under s. 116 of the Police Services Act to become a member of the Niagara Regional Police Senior Officers’ Association. The case was argued before the Ontario Civilian Police Commission, an independent oversight…
In Ontario, severance pay can be provided if the employee is terminated. However, this entitlement presupposes that one is an employee. Individuals who perform services may do so as independent contractors, however they might not enjoy employment protections. For example,…
What is the duty to mitigate and am i obliged to mitigate during the covid-19 pandemic? In Ontario, entitlements upon termination arise from two sources: The Employment Standards Act (“ESA”), which lays out the minimum standards in employment relationships, and…
What happens to my job when the employer sells the business? When an employer decides to sell its business, the effect that this will have on the employees of that business will depend on how the sale takes place. Generally…
Ontario court rules temporary layoffs during Covid will not result in constructive dismissal As a response to the effects of the covid pandemic in workplaces, the government of Ontario enacted changes to the Employment Standards Act. Under the new legislation,…
Imagine you are a successful commissioned salesperson, having diligently worked for 15 years at Company X. You sell widgets and are paid a commission based on a percentage of the net profit of every order you close. Your compensation formula…
The Ontario government announced that it is introducing new legislation to assist workers who are affected by the covid pandemic, called the Covid-19 worker income protection benefit. The new law will require employers to provide employees with up to $200…
Spurred by the onset of the COVID-19 pandemic in March 2020, Ontario courts have rapidly introduced new technologies to enable court hearings to proceed virtually. One important development is the introduction of the evidence-management software CaseLines. CaseLines allows parties to…
As the covid-19 pandemic continues to affect the job market, causing many to be laid off from their jobs or have their hours substantially reduced at work, many people are left wondering whether they have any rights in this situation.…