Following the landmark Supreme Court of Canada case called Machtinger v. HOJ Indutries Ltd., it became far more common for employers to require new employees to sign written employment contracts outlining the terms and conditions of the employment relationship. Why? Because as with any relationship,
Termination “For Cause” – Capital Punishment of Employment Law in Ontario
When a non-unionized employee in Ontario is released from their employment (commonly referred to as a "termination of employment"), they are generally entitled to receive either prior notice or severance compensation. In other words, the employer must usually provide them with a "heads up" before
What is the Impact of Retirement on Employee Severance Packages?
Human Rights Consideration As the "Baby-Boomer Generation" gets older over the next few years (those born between 1946 and 1964), there will be an increasing number of employees nearing retirement as they approach the of age 65. According to Statistics Canada, the average retirement age in Canada
How to Deal with a Wrongful Dismissal – Ontario Employees
How Are Wrongful Dismissal Cases Resolved in Ontario? When it comes to termination of employment and wrongful dismissals, employment lawyers typically deal with a wide range of different scenarios. The following describe a few examples: 1. The "New Manager/Owner" Scenario: The employee has been
Employee Rights in Ontario – Top 5 Facts Employers May Not Want You to Know
Top 5 Issues Employees Should Know Canadian employment law is vast and complicated enough to most employment lawyers, let alone the average employee without legal education and expertise. With various statutes creating the minimums (or "base floor") of employee rights, as well as employment
Ontario Human Rights Law for Employees
Human Rights Law Protections for Employees The Ontario Human Rights Code requires all employers to respect the rights of their workers and ensure their workplace is free of any form of discrimination. Most importantly, employers are required to accommodate their workers to the point of “undue
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
To be or Not to Be: Employee, Independent Contractor… or Dependent Contractor?
Employee, Independent Contractor... or Dependent Contractor? In the area of employment law, some of the most common disputes employment lawyers deal with often involve debating legal rules that are constantly changing as a result of conflicting court decisions. The main reason for this is because