Employee Discrimination in the Workplace In Ontario, the vast majority of discrimination claims brought to the Ontario Human Rights Tribunal involved disputes between employees and employers. For instance, nearly 55% of all discrimination claims involved the area of "employment" (i.e., 2,335 out
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
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
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
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 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
Federal Employers and Employees – New Canada Labour Code Workplace Harassment Protections
For Canadian workplaces that are federally-regulated under the Canada Labour Code, there will be new and revamped Workplace Harassment and Violence Prevention Regulations, which came into effect on January 1, 2021. This is a very important development of which both employers and employees should be