What is a Constructive Dismissal in Ontario Employment Law? In Ontario, a constructive dismissal occurs when an employer makes a significant change to an employee's job terms of employment, working conditions or employment contract without the employee's consent. Specifically, the change to the
Unpaid Workplace Suspension – Is it a Constructive Dismissal in Ontario Employment Law?
As an employment lawyer, I have assisted many employees (and employers) where a dispute arose because of a company's decision to place an employee on a unpaid administrative suspension. Is it permissible for an employer to suspend an employee for administrative reasons without pay (such as to
What Should Employers Know about Recent Changes to the Canada Competition Act?
Earlier this year, Canada passed a new law that makes important amendments to the Competition Act. The Competition Act applies to all companies doing business across Canada, regardless of whether they are provincially regulated or federally regulated. Some of the most changes to the Competition
Ontario Employer’ Bad Faith Conduct Results in Aggravated/Moral Damages
Misbehaving Employers Dinged with Significant Damages Award in Wrongful Dismissal Claim There has been a recent trend in wrongful dismissal cases that reflect a clear and resounding message to Ontario businesses: the courts will not tolerate any breach by an employer of its duty of good faith,
Unjustly Fired Employees Under Canadian Employment Law
In Canada, there are different federal and provincial laws that are applicable depending on the areas in which companies operate. For employees that work for a federally-regulated employer, such as a bank or telecommunications company, federal labor law found in the Canada Labour Code outlines what
How do I Know if I am an Employee or Independent Contractor in Ontario?
Court Decision Confirms that Employment Relationships are Based on the Facts of Each Case As an employment lawyers, I am often asked to help determine whether an individual is an “employee” or “independent contractor.” This distinction is very important for employers as the consequences of
Can Short-Service Employees Get Large Severance Packages?
Severance Package for Short Service Employees in Ontario It is well known that, under common law, an employee whose job is terminated without cause must be given either prior reasonable notice of termination, or pay in lieu of notice ("severance pay"). Determining precisely how much severance
Difficulties with Employment Contract Termination Clauses – Ontario Employment Lawyer
It is typical in any wrongful dismissal claim for an employee to challenge a termination clause relied on by an employer in an employment contract as illegal and unenforceable. If they succeed, the employee would likely be entitled to significantly more financial compensation as part of a severance