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
When Do I Need an Employment Lawyer?
When Will You Need an Employment Lawyer? As an employment lawyer in Toronto, I am regularly asked to assist both businesses and employees with a whole range of workplace matters. In this blog, we discuss a few key points in terms of how an employment lawyer can assist either an employee or employer
Another one Bites the Dust: Employment Contract Termination Clause Found Legally Invalid
Over the past several years, numerous court decisions in Ontario have helped shed light on (although some would say confound) the issue of what it takes to uphold a termination clause in an employment contract. Slowly but surely, the courts have poked holes in the ability of employers to establish
Can My Employer Force me to Retire Because I’m Older?
First thing's first: there is no such thing as mandatory retirement in Ontario. Although age 65 is the often cited "retirement age," there is, in fact, no specific age in Canada where employees are expected (or can be forced) to retire. Why? Because human rights law does not allow mandatory
A Temporary Layoff Without Employee’s Permission is a Constructive Dismissal
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