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
Age Discrimination – Employment Lawyer Ontario
Ontario Discrimination Law for Employees All employees in Ontario are protected from negative treatment by their employers by human rights law (i.e., discrimination). Depending on the type of company they work for, they are protected by a separate form of human rights law: Human Rights Code
Can Employers Require Employees to Get a Covid-19 Vaccine, or Risk Being Fired from their Job?
Can Employers Require Employees to Get a COVID-19 Vaccine? In the last few weeks, several pharmaceutical companies have announced encouraging rates of effectiveness in various types of COVID-19 vaccines. Naturally, the world remains hopeful and, at the same time, expects to receive an approved
Employees Looking for Employment Lawyer or Ministry of Labour – Which Route to Choose?
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,