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.
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
Termination for Cause and Wrongful Dismissal: What Does it all Mean?
As an employment lawyer, I am typically asked to determine whether an employer has justification to fire an employee "for cause." Basically, these are situations where an employer is so upset about an employee's workplace behaviour that it fires them on the spot, and refuses to provide prior notice
Ontario Employment Law Update – Government Introduces Mandatory 3 Paid Sick Days for Employees in Ontario
After repeated calls by doctors, health-care workers, and legal advocates for the government to introduce a requirement for employers in the province to provide paid sick leave for employees, the provincial government has finally acted. Specifically, the government today announced a plan to provide