Bune Law

Bune Law | Toronto Employment Lawyer

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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

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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

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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

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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

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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

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How to Calculate Employee Severance Pay – Severance Pay Lawyer Toronto

In Ontario, once an employee is dismissed from their employment, they are usually entitled to payment from the employer called "severance pay." This is intended to provide a financial assistance for the employee to assist them as they transition to new employment (much like employment insurance

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Termination of Employment for Just Cause – Here’s All You need to Know

What is Just Cause for Dismissal The courts in Canada have described just cause for dismissal as "capital punishment of employment law." Why? Because it is supposed to be an employer's last resort when disciplining an employee for misconduct. As a result, proving a termination for just cause is