Termination of Employment While on a Maternity Leave or other Leave of Absence? In Ontario, employers have the right to terminate an employee’s employment at any time in one of two ways: on a without cause basis on a for cause basis Termination of Employment "Without Cause" The vast
What’s Old is New Again: Workplace Harassment Can Lead to Employee Constructive Dismissal
Under Ontario's employment law, an employee's job may be terminated "unofficially" or as many employment lawyers call it, a "constructive dismissal." There can be many forms of a constructive dismissal (as discussed below). However, in this article, we will discuss one form that unfortunately
Employers Firing Employees for Refusing COVID-19 Vaccine: Need to Provide Severance Pay?
Can Your Employer Require You to Take the COVID-19 Vaccine? Can You be Fired if You Refuse? Employers have an important say in the ongoing debate over COVID-19 vaccine mandates. In fact, some employers have already taken important precautionary measures in response to COVID-19, including
Impact of COVID-19 on Increasing Employee Severance Packages in Wrongful Dismissal Cases
In a few recent wrongful dismissal cases, courts across Ontario have increasingly found that an employee whose employment is terminated during the COVID-19 pandemic should be entitled to greater severance package. In other words, an employee who loses their job as a result of the COVID-19 pandemic
Can My Employer Force Me to Get a Covid-19 Vaccine or Risk Being Fired from My Job?
Can My Employer Discriminate Against Me on the Basis of "Vaccination"? Among many other things the COVID-19 pandemic has brought about, a current hot-button topic in Ontario employment law is whether an employer can legally force an employee to get a vaccine. In other words, is it legal for an
Workplace Discrimination Against Employees – What Are My Rights in Ontario?
Employee Discrimination in the Workplace In Ontario, the vast majority of discrimination claims brought to the Ontario Human Rights Tribunal involved disputes between employees and employers. For instance, nearly 55% of all discrimination claims involved the area of "employment" (i.e., 2,335 out
A Tale of Two Conflicting Court Rulings: Is an Unpaid Temporary Layoff a Constructive Dismissal?
Ontario Courts are at a Standstill on whether Temporary Layoff without Employee's Consent is a Constructive Dismissal In a recent decision released last week, an Ontario court has now decided that an employee placed on a temporary layoff as a result of the COVID-19 pandemic is permitted under the
Employment Lawyer – Commonly Asked Questions
Frequently Asked Questions for Employment Lawyers As an employment lawyer in Ontario, I often field a number of questions from both employees and employers regarding workplace law. So, in this week's blog, we will cover a number of frequently asked questions for general information. What is