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
A Tale of Two Conflicting Court Rulings: Is an Unpaid Temporary Layoff a Constructive Dismissal?
Why is it important for Ontario Employees to know if a Temporary Layoff is a Constructive Dismissal? Firstly, many of the employees who were suddenly placed on an unpaid temporary layoff once COVID-19 struck were left without income. In other words, the temporary layoff was unpaid (which is the
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
What to Look for when Choosing an Employment Lawyer in Ontario
For the average person, the exercise of looking for an Employment Lawyer can be difficult and confusing. After all, most people in this position are already dealing with the significant stress of losing a job or harmful workplace discrimination. That's why the process of choosing the right legal
Is there Still a Cap at 24 Months for Employee Severance Package Compensation? Maybe Not.
Following Recent Decision, Courts May be Breaking Free from the 24-month Cap on Notice Period One of the hotly contested issues in the area of employment law (and, trust me, there are many!) is whether an employee's entitlement to pay in lieu of reasonable notice of termination should be capped.