For Canadian workplaces that are federally-regulated under the Canada Labour Code, there will be new and revamped Workplace Harassment and Violence Prevention Regulations, which came into effect on January 1, 2021. This is a very important development of which both employers and employees should be
Infectious Disease Emergency Leave Extended in Ontario – Impact on Constructive Dismissal Claims
As part of its response to the ongoing coronavirus (COVID-19) pandemic, the government introduced temporary changes to the Ontario Employment Standards Act, 2000 ("ESA"). Under O. Reg. 228/20: Infectious Disease Emergency Leave, the regulation amended the provisions of the ESA around temporary
Employees Proving Wrongful Dismissal and Workplace Harassment Reprisal
Workplace Harassment, Discrimination and Wrongful Dismissal As employees, we spend the majority of our daily lives at the workplace. As with any human interaction, workplace conflicts are an inevitable part of an employee's work life. While workplace conflict is typical, not all employees have the
Constructive Dismissal vs. Wrongful Dismissal in Ontario
When an employer officially terminates an employee from their employment, it can be in one of two ways: For Cause - the employer believes the employee committed serious misconduct in the performance of their job that justifies "firing" them immediately - with no prior notice or severance
Employee Duty to Mitigate Wrongful Dismissal Losses in Ontario
Duty to Mitigate after Termination of Employment | Under Ontario employment law, an employee who is "wrongfully dismissed" - either because they were improperly fired "for cause" with no notice or severance compensation, or were not given the correct amount of notice of termination or severance
Termination Without Cause Provisions – The Case of Waksdale and Swegon North America
Employment Standards Minimums vs. Common Law Severance | Unless an employment contract provides otherwise, there is a default rule in Ontario employment law that allows an employer to terminate an employee's job "without cause" - meaning no specific reason - only if they first provide the employee
Working Remotely – How Ontario Employers Can Adjust to the Remote Workplace
In the age of the coronavirus pandemic, employees working remotely has become as much the "new normal" as wearing personal protective face masks in public. The coronavirus pandemic brought with it many significant health, financial and psychological disruptions on a massive, global scale. In the
Ontario – Infectious Disease Emergency Leave and Temporary Layoff
Temporary Layoffs in Ontario As covered before on this blog, employers may be able to place employees on a temporary layoff, particularly in response to business downturns. However, to do so, the employer must have prior permission in the form of a signed, valid employment contract authorizing