As a result of the COVID pandemic, the government of Ontario modified the Employment Standards Act (ESA) to create a new form of leave, being the “Infectious Disease Emergency Leave”. The new regulations exempted employees who were temporarily laid off for reasons related to COVID, from eligibility to termination and severance pay. Instead, temporarily laid […]
Restrictive Covenants in Employment Agreements
In the employment context, the term “restrictive covenant” refers to terms in the employment agreement which attempt to limit what employees can do after the end of the employment relationship. Such terms may be enforceable where the employee quits his or her job, or where it is terminated, with or without cause. Generally speaking, restrictive […]
When your employer sells the business
What happens to my job when the employer sells the business? When an employer decides to sell its business, the effect that this will have on the employees of that business will depend on how the sale takes place. Generally speaking, the sale occurs via a share purchase or an asset purchase. When the buyer […]
Misrepresentations in LTD Insurance
LTD insurance claim denied due to misrepresentation Where the insurance provider takes the position that the policy holder misrepresented a fact, or lied, during the application process and there was a subsequent approval of LTD insurance, the insurer will deny benefits. Applicants for insurance coverage have a duty to disclose any material facts requested by […]
Employment Bonus After Termination
Are employees entitled to bonuses after the employment relationship is terminated? Upon the termination of employment without cause, being by no fault of the employee, the employee will generally be entitled to reasonable notice of termination or pay in lieu thereof, under the common law, or at the very least, to the minimum standards set […]
Employment termination in ontario – Notice periods in COVID?
Since the beginning of the COVID pandemic, given its severe negative effects on the job market, there has been an outstanding question of how Courts in Ontario will resolve employment termination cases in the context of the pandemic. Due to the time required from the day of termination until a matter is resolved in Court, […]