Employee vs Independent Contractor In Ontario, both workers and businesses commonly confront a thorny question of whether their arrangement can be characterized as an independent contractor or employment relationship. Typically, this issue arises once the business relationship ends and the worker
To Say or Not to Say: Should Employers Always Provide Employees the Reason for Termination?
Wrongful Dismissal Claims: Termination Without Cause, or Termination for Cause It is well known in Ontario employment law that an employer has a choice to terminate an employee's job either "for just cause" (good reason) or "without cause". In other words, an employer can dismiss an employee for
Thinking of Changing an Employment Contract? Don’t Forget Changed Substratum
Employee Promotions, Changed Substratum and Constructive Dismissal In any workplace context, employers generally have a need to maintain flexibility in order adapt to changing circumstances, economic conditions and workforce. Shortly after the Canadian economy began to rebound from the COVID-19
When it Comes to a Temporary Layoff, Employee’s Silence Does Not Always Equal Condonation
Does an Employee's Silence Always Amount to a Condonation of a Temporary Layoff? Ontario Court Says "No". In a recent decision, the Ontario Court of Appeal found that an employee's failure to object or speak up after his employer placed him on an unpaid temporary layoff did not amount to a
Do I Have to Accept a Lower Position after Employment Termination?
An Employee's Duty to Mitigate in Wrongful Dismissal Cases In Ontario employment law, the general rule is that an employee has a legal obligation to look for (and accept) comparable employment. This is called the "duty to mitigate" income losses. How does this rule work in practice? This duty to
An Employee Who Was Wrongfully Dismissed Awarded Maximum Severance Package
Court Awards Wrongfully Dismissed Employee 24-Month Severance Package A significant issue that recently arose in Ontario employment law was whether or not an employee whose employment was terminated during the COVID-19 pandemic is entitled to more severance package. As previously discussed in this
Ontario Court Finds Employee Was Wrongfully Dismissed (Not an Independent Contractor)
A thorny issue in the area of employment law involves determining whether a worker is an employee or an independent contractor. What's the big deal, you ask? Well, for employment lawyers in Ontario, this issue is often difficult to discern and massive consequences, for both workers themselves and
What is a Wrongful Dismissal in Ontario?
What is a Wrongful Dismissal? In Canada, a wrongful dismissal refers to an employer unlawfully terminating an employee’s employment without complying with its legal obligation under an employment contract. Contrary to a common misconception, what makes a dismissal “wrongful” is not the end of