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
New Toronto Workplace Covid-19 Rules – Ontario Employment Law
Covid-19 Workplace Requirements for Toronto Businesses In response to the ongoing Covid-19 pandemic, the City of Toronto has passed various measures to help employers contain the spread of COVID-19 at workplaces located in Toronto. While intended as "guidance," they are legal requirements that all
Termination of Employment for Federally Regulated Employees
In Ontario, most non-unionized employees are familiar with the Ontario Employment Standards Act, 2000 (ESA), which sets out the minimum rights of all employees in the workplace, including minimum wage, vacation pay, termination pay and severance pay. However, the ESA statute only applies to