What is a Constructive Dismissal in Ontario? In employment law, a "constructive dismissal" means that an employer has acted in such a manner that it has essentially refused to perform its obligations under its employment contract with an employee. In other words, a constructive dismissal occurs
When is a Temporary Layoff Allowed? When is it a Constructive Dismissal?
Amid the COVID-19 pandemic and the significant economic disruptions on businesses across Canada, many employees were either terminated from their employment, or were placed on "temporary layoff" by their employers. While it may seem reasonable for employers to ask their employees to stay home while
What Are My Rights as an Employee in Ontario?
In Ontario, all workers are guaranteed certain (minimum) rights at work protected by law. In this article, we cover few main areas of legal protection that all employees enjoy, including when it comes to employment terms and conditions and human rights. Employment Employment law in Ontario is a
Ontario Employee or Independent Contractor?
Are you an employee or an independent contractor? What is the difference, and what rights does an employee have that an independent contractor does not under Ontario employment law? One of the difficulties workers experience is not knowing how to determine if they are really an "independent
Employer’s Duty To Accommodate
Human Rights and an Employer's Duty to Accommodate In Ontario, all employees are protected by a provincial law called the Human Rights Code ("Code"). The Code has a very important role in protecting people to ensure they are not discriminated against not only at work, but also when it comes to
Got a New Employment Contract? What You Need to Know in Ontario.
It's always an exciting time being offered a new job opportunity - a new role, a fresh start and - most importantly - more pay, perks and benefits. But with that new gig may also come a request from your new employer that you sign a new "employment contract," before you begin your first day on the
Terminating Employment in Ontario: Just Cause vs. Without Cause
In Ontario, if an employer wants to end an employee’s job with the company, it generally has two options: It can either terminate the employee “with cause” or “without cause.” This is an all-or-nothing rule, and there is simply no middle ground for an employer to argue it almost had just cause for
How Can I Tell If I’m an Employee or Independent Contractor?
I am often asked by my clients the following question: “am I an employee or independent contractor?” This is an issue that both employees and employers often struggle with in Ontario, but understanding the difference is important in any work arrangement. In our experience, workers are sometimes