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
Is a Pay Cut a Constructive Dismissal?
What is a Constructive Dismissal in Ontario Employment Law? A constructive dismissal claim occurs when an employee complains about a significant unilateral change made by an employer to the terms and conditions of their employment contract. Specifically, it involves an employee arguing that an
Employer’s Bad Faith Conduct Results in Higher Court Award
In a wrongful dismissal claim called Teljeur v Aurora Hotel Group, 2023 ONSC 1324, an Ontario court awarded the terminated employee seven (7) months’ damages for reasonable notice (financial severance package), in addition to $15,000 in moral damages as a result of the employer’s bad faith conduct
What are an Employee’s Voting Rights in Ontario Elections?
One employment law topic that is rarely discussed is an employer's legal obligations (and an employee's legal rights) when it comes to employee voting rights in elections, be it municipal, provincial or federal. Constitutional Rights to Participate in an Election From a broader perspective, the