As an employer, one of workplace issue fraught with danger is knowing how to properly manage employees with disabilities (or other needs that require support). In fact, understanding an employer's rights and obligations under the Ontario Human Rights Act (human rights law). In this article, we
Experiencing Change to Your Job at Work? Employee Tips on How to Manage
Can an Employer Make Changes to Your Job? Generally speaking, an employer in Ontario cannot make significant negative changes to an employee’s terms or conditions of employment without their consent or permission. However, one key exception could be if the employee has signed a legally
Wrongful Dismissal and Severance Packages: How to Calculate Reasonable Notice Period
What is a Wrongful Dismissal? In Ontario employment law, employers have the right to terminate an employee's job. However, this right is not unfettered and it comes with certain requirements. Generally, an employer can terminate ("fire") an employee from their job: Wilful misconduct, disobedience
Personal Liability of Corporate Directors for Wrongful Dismissal Severance Package
Piercing the Corporate Veil: Directors Could be Liable to Pay Wrongfully Dismissed Employee The Oppression Remedy In Canada, most business legislation (such as the Ontario Business Corporations Act and the Canada Business Corporations Act) allow for a legal claim for an "oppression remedy." In
What Happens if an Employee Violates a Non-Solicitation Agreement?
Non-Solicitation Agreements: The Basics Under Ontario employment law, employers are entitled to protect their business interests from departing employees. In general, these issues arise in employment-related disputes, especially termination of employment, wrongful dismissal and a constructive
What Do I Do if I Was Constructively Dismissed by My Employer?
Constructive Dismissal in Ontario Employment Law Many of us have heard of a "constructive dismissal". Quite often, we receive calls from employees inquiring about whether they have a valid constructive dismissal case. In fact, sometimes the employees are adamant that they want to sue their employer
Ontario Court Awards Employee 27-Month Severance Package
Wrongful Dismissal Notice Period Cap No More: Another Court Awards Employee 27-Month Severance Package In a recent case called Milwid v. IBM Canada Ltd. 2023 ONSC 490, an Ontario court awarded an employee 27 months' pay in lieu of notice in a successful wrongful dismissal claim. This is an
Employment Contract “Saving Clause”: Not Always an Employer’s Saving Grace in Wrongful Dismissals
As employment lawyers in Ontario, we are regularly called upon to review employment contracts. Oftentimes, employment lawyers assisting with looking over an employment contract in the context of negotiating its terms (especially severance pay) before an employee begins their new job, while at other