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
Ontario Court Finds Employee Was Wrongfully Dismissed (Not an Independent Contractor)
A thorny issue in the area of employment law involves determining whether a worker is an employee or an independent contractor. What's the big deal, you ask? Well, for employment lawyers in Ontario, this issue is often difficult to discern and massive consequences, for both workers themselves and
What is a Wrongful Dismissal in Ontario?
What is a Wrongful Dismissal? In Canada, a wrongful dismissal refers to an employer unlawfully terminating an employee’s employment without complying with its legal obligation under an employment contract. Contrary to a common misconception, what makes a dismissal “wrongful” is not the end of
What is an Employee’s Duty to Mitigate in Ontario Employment Law?
In Ontario employment law, an employee facing a wrongful dismissal or constructive dismissal has a legal duty to “mitigate”. Put simply, this is a legal obligation that requires an employee who has faced a significant change to the terms or conditions of employment (such as if they were wrongfully
What is a Constructive Dismissal in Ontario Employment Law?
What is a Constructive Dismissal in Ontario Employment Law? In Ontario, a constructive dismissal occurs when an employer makes a significant change to an employee's job terms of employment, working conditions or employment contract without the employee's consent. Specifically, the change to the
Unpaid Workplace Suspension – Is it a Constructive Dismissal in Ontario Employment Law?
As an employment lawyer, I have assisted many employees (and employers) where a dispute arose because of a company's decision to place an employee on a unpaid administrative suspension. Is it permissible for an employer to suspend an employee for administrative reasons without pay (such as to
How do I Know if I am an Employee or Independent Contractor in Ontario?
Court Decision Confirms that Employment Relationships are Based on the Facts of Each Case As an employment lawyers, I am often asked to help determine whether an individual is an “employee” or “independent contractor.” This distinction is very important for employers as the consequences of
Can Short-Service Employees Get Large Severance Packages?
Severance Package for Short Service Employees in Ontario It is well known that, under common law, an employee whose job is terminated without cause must be given either prior reasonable notice of termination, or pay in lieu of notice ("severance pay"). Determining precisely how much severance