Is the Dust Finally Settled? Ontario Court Rules an Unauthorized Temporary Layoff is a Constructive Dismissal In a recent decision, the Ontario Superior Court concluded that if an employer unilaterally decides to place an employee on a temporary layoff, it will amount to a constructive dismissal
Termination for Cause and Wrongful Dismissal: What Does it all Mean?
As an employment lawyer, I am typically asked to determine whether an employer has justification to fire an employee "for cause." Basically, these are situations where an employer is so upset about an employee's workplace behaviour that it fires them on the spot, and refuses to provide prior notice
Ontario Employment Law Update – Government Introduces Mandatory 3 Paid Sick Days for Employees in Ontario
After repeated calls by doctors, health-care workers, and legal advocates for the government to introduce a requirement for employers in the province to provide paid sick leave for employees, the provincial government has finally acted. Specifically, the government today announced a plan to provide
My Employment Was Terminated. What Should I Do Now?
My Employer Gave Me a Termination Letter? Now What? In short, speak with an experienced employment lawyer to learn about your legal rights and options under Ontario's employment law when dealing with an employment termination. Being terminated from your employment (also known as a "dismissal"
How to Calculate Employee Severance Pay – Severance Pay Lawyer Toronto
In Ontario, once an employee is dismissed from their employment, they are usually entitled to payment from the employer called "severance pay." This is intended to provide a financial assistance for the employee to assist them as they transition to new employment (much like employment insurance
Ontario Workplace Requirements in New “Stay-at-Home” Orders
What Ontario's "Stay-at-Home" Order Means for Employers - What to Know This month, Ontario's government once again introduced a stay-at-home order as COVID-19 cases surge, as it seeks to press an "emergency break" on the pandemic. As a result, the entire province was placed on a "shutdown" zone
Termination of Employment for Just Cause – Here’s All You need to Know
What is Just Cause for Dismissal The courts in Canada have described just cause for dismissal as "capital punishment of employment law." Why? Because it is supposed to be an employer's last resort when disciplining an employee for misconduct. As a result, proving a termination for just cause is
My Employer Terminated My Job, and Gave Me a Severance Package. What Do I Do Next?
If your employer has given you a termination letter and severance package, it is important to only sign it after speaking with an experienced employment lawyer. As employment lawyers, the vast majority of severance packages we review offer employees compensation that is much less than what the