Ontario Court of Appeal Says Silence Does Not Equal Condonation for Temporary Layoff In Ontario, many employment lawyers guide both employees and employers with issues of unpaid temporary layoffs, which is a sensitive topic - and rightfully so. Quite often, we find that employers mistakenly
Is a Pay Cut a Constructive Dismissal?
What is a Constructive Dismissal in Ontario Employment Law? A constructive dismissal claim occurs when an employee complains about a significant unilateral change made by an employer to the terms and conditions of their employment contract. Specifically, it involves an employee arguing that an
Employer’s Bad Faith Conduct Results in Higher Court Award
In a wrongful dismissal claim called Teljeur v Aurora Hotel Group, 2023 ONSC 1324, an Ontario court awarded the terminated employee seven (7) months’ damages for reasonable notice (financial severance package), in addition to $15,000 in moral damages as a result of the employer’s bad faith conduct
What are an Employee’s Voting Rights in Ontario Elections?
One employment law topic that is rarely discussed is an employer's legal obligations (and an employee's legal rights) when it comes to employee voting rights in elections, be it municipal, provincial or federal. Constitutional Rights to Participate in an Election From a broader perspective, the
What is an Employer’s Duty to Accommodate Disabilities?
As an employer, one of workplace issue fraught with danger is knowing how to properly manage employees with disabilities (or other needs that require support). In fact, understanding an employer's rights and obligations under the Ontario Human Rights Act (human rights law). In this article, we
Experiencing Change to Your Job at Work? Employee Tips on How to Manage
Can an Employer Make Changes to Your Job? Generally speaking, an employer in Ontario cannot make significant negative changes to an employee’s terms or conditions of employment without their consent or permission. However, one key exception could be if the employee has signed a legally
Wrongful Dismissal and Severance Packages: How to Calculate Reasonable Notice Period
What is a Wrongful Dismissal? In Ontario employment law, employers have the right to terminate an employee's job. However, this right is not unfettered and it comes with certain requirements. Generally, an employer can terminate ("fire") an employee from their job: Wilful misconduct, disobedience
Personal Liability of Corporate Directors for Wrongful Dismissal Severance Package
Piercing the Corporate Veil: Directors Could be Liable to Pay Wrongfully Dismissed Employee The Oppression Remedy In Canada, most business legislation (such as the Ontario Business Corporations Act and the Canada Business Corporations Act) allow for a legal claim for an "oppression remedy." In