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
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
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
The Impact of Pregnancy on Termination of Employment
Pregnancy Entitles Employee to More Severance Pay in Termination of Employment When it comes to deciding an employee's rights in a termination of employment (wrongful dismissal) case in Ontario, the courts generally take into account the following "Bardal" factors to determine how much severance
New Tort of Internet Harassment in Ontario
Tort of Internet Harassment As employment lawyers, we regularly assist employees with workplace harassment issues. Broadly speaking, Ontario's Occupational Health and Safety Act ("OHSA") defines it as: "engaging in a course of vexatious comment or conduct against a worker in a workplace that is
Termination of Employment in Ontario – Employer Obligations to their Employees
An Employee's Duty of Good Faith and Honesty in Employment Contracts - Termination of Employment Employment contracts are just like any other form of legally binding agreements, which are intended to set out the parties' respective rights and obligations underpinning their relationship. But apart
The “COVID-19 Bump” – Will a Global Pandemic Increase My Severance Package?
As the COVID-19 (coronavirus) pandemic continues, it has caused a significant impact on the Canadian economy. While many companies have been able to sustain themselves, some businesses have been forced to cease operations permanently. The result is that many employees across Ontario have either been