Should I be Looking for an Employment Lawyer, or use the Ministry of Labour Process? When an employee's job is terminated, a common question employment lawyers are asked is: "Should I hire an employment lawyer to help with my dismissal, or get help from the Ministry of Labour?" As always, the
Employment Contract Termination Clauses – The Stare Decisis Rule and the Waksdale Case
In an earlier blog post, we covered the Ontario Court of Appeal significant decision called Waksdale v. Swegon North America ("Waksdale"). In this case, the court effectively wiped out the legal validity of many employment contracts across Ontario. What is the Waksdale Case All About? In Waksdale,
Ontario Employment Standards Act – Who is Exempted from Basic Employee Protections?
The Ontario Employment Standards Act, 2000 ("ESA") provides basic important legal protections for employees across the province that employers must respect. Some of these most important basic protections include: minimum wage payment of wages tips and gratuities vacation time and vacation
Employee Termination Checklist – Resources for Employers
Termination of Employment For most employers, the topic of terminating an employee form their job can be difficult and stressful. Aside from financial business-related reasons for the termination (e.g., downsizing), there are important legal considerations that must always form part of an
General Legal Steps in a Wrongful Dismissal Case
In a typical wrongful dismissal case, the initial step is to attempt negotiations to obtain a fair and reasonable financial severance package with the employer with the help of an experienced employment lawyer. Severance Package Negotiations in Wrongful Dismissal Cases What is a Severance
Constructive Dismissal vs. Wrongful Dismissal in Ontario
When an employer officially terminates an employee from their employment, it can be in one of two ways: For Cause - the employer believes the employee committed serious misconduct in the performance of their job that justifies "firing" them immediately - with no prior notice or severance
End of CERB and Transition to Employment Insurance (EI) Benefits in Canada
In response to the ongoing global COVID-19 pandemic, the Canadian introduced a variety of economic and financial measures. One of those key financial support tools was the Canada Emergency Response Benefit (CERB) for employed and self-employed Canadians who were directly affected by COVID-19. CERB
Different Grounds for Human Rights Claims – Employment Law Ontario
Employment lawyers in Ontario regularly assist both employees and employers with a wide range of human rights (discrimination) claims in the workplace context. While "discrimination" is a term that is widely used in society, not many people know the legal basis for making (and being able to succeed)