Due to recent developments in the courts, updates to the Employment Standards Act (the “ESA”), and workplace changes due to Covid-19, which have had a direct effect on the employment agreements of most Ontario employers, employers have increasingly sought to…
Many employers include a probationary period in the employment contracts they offer to prospective employees. Generally, the probationary period is 3 months, but there is no limit to the maximum length a probationary period may be. the purpose of…
Long-term disability insurance, also commonly known LTD insurance, refers to a type of coverage that will pay benefits to compensate for a portion of your income in the event that you become unable to work due to a medical condition.…
When employees are terminated without notice, they are typically provided with a termination letter outlining what the employer is offering in terms of a monetary payout. It can be incredibly stressful to experience a termination and have to make decisions…
In the employment context, the term “restrictive covenant” refers to terms in the employment agreement which attempt to limit what employees can do after the end of the employment relationship. Such terms may be enforceable where the employee quits his…
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…
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…
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…
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…
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,…
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.…
In order to address the continuing effects of covid, the province declared a state of emergency again on January 12, 2021, effectively issuing a stay-at-home order. The new measures are to be in effect from January 14, 2021 until at…
As a result of the Covid pandemic, the government of Ontario modified the Employment Standards Act (“ESA”) to create a new form of leave, being the “infectious disease emergency leave”. The new regulations exempted employees who were temporarily laid off…
Can my employer make me sign a release upon termination? When employees are terminated without notice they are typically provided with a termination letter outlining what the employer is offering in terms of a monetary payout. It can be incredibly…
An employment contract is frustrated when, through no fault of either party, it becomes impossible to fulfill the contract. For example, where a firefighter suffers an injury outside of the workplace, that renders him or her unable to ever again…
The government of Ontario has decided to extend the new Employment Standards Act (“ESA”) Regulations, resulting from Covid-19, with regards to temporary layoffs, constructive dismissal, termination and severance. The regulations which were set to expire in January 2, 2021, have…
Are employees entitled to bonuses after the employment relationship is terminated? Upon the termination of employment without cause, being by no fault of the employee, the employee will generally be entitled to reasonable notice of termination or pay in lieu…