In a previous Ontario employment law blog, the courts have generally sided on an employer's side to conclude that surreptitiously recording a work-place meeting could be grounds to terminate an employee for just cause, resulting in an employee not receiving any wrongful dismissal damages. However,
New Employment Law Rules for Federally-Regulated Employers and Employees – Canada Labour Code
Recently, the federal government significantly updated the Canada Labour Code, which brings it more in line with (and even exceeds) some of the employment law requirements set out in the Ontario Employment Standards Act, 2000. Most importantly, the new employment standards involves an increase in
Are You an Employer Alleging Just Cause for Dismissal? What to Know
Wrongful dismissal cases are often confusing, highly stressful, confusing and financially troubling for employees who find themselves suddenly without a job. To add insult to injuries, some employers act without much regard for an employee's well-being. As a result, the courts often take the role of
Duty to Mitigate in Wrongful Dismissal Cases
Under Ontario employment law, an employee who is wrongfully dismissed by their employer is entitled to be put in the same position he or she would have been if had the employer fulfilled their obligations under employment contract. In other words, an employee in a wrongful dismissal claim is
Constructive Dismissal Claims in Ontario Employment Law
In employment law, employees facing a significant change to their job may be able to pursue a constructive dismissal claim against their employer. How does an employee succeed on a constructive dismissal claim? The Supreme Court of Canada in a case called Potter v. New Brunswick Legal Aid
LTD Disability Benefits for Employees
Long-Term Disability (LTD) Benefits in Ontario LTD is a a form of income replacement that employees can receive if they are disabled due to injury. Employees purchase disability insurance personally, but quite often it is provided by employers through health insurance benefits (such as with Sun
When Discrimination is a Factor in a Wrongful Dismissal Claim
In Luckman v. Bell Canada, 2022 CHRT 18, the Canadian Human Rights Tribunal (“CHRT“) ordered the employer, Bell Canada (“Bell“) to pay more than $120,000 in monetary compensation to a former employee in connection with his discriminatory termination of employment. Among other things, CHRT held that
How Not to Terminate Employment in Ontario
As employment lawyers in Ontario, we typically hear about various employment terminations from both companies and workers. Often, we are asked to assist with wrongful dismissal claims that involve allegations of bad faith or discrimination, which are some of the most difficult to resolve given the