In the early days of the COVID, it was suggested that, when evaluating wrongful and constructive dismissal claims in the context of the pandemic, the Courts would take into account the negative effects of COVID on the job market, when assessing whether employees have met their duty to mitigate. Similarly, it was suggested that the […]
Employment Law update – Am I entitled to Severance Pay?
When an employer terminates an employee’s job without cause, it will generally be required to either provide notice or termination pay instead of notice. Depending on the length of employment and the size of the employer, the employee may also be entitled to severance pay. Per section 64 of the Employment Standards Act (the “ESA”), […]
Employment Termination in Ontario: Vaccine Refusal and Legal Implications
Employment Termination in Ontario: Can employees be terminated for refusing to get the COVID-19 vaccine? We answer this question on employment termination in Ontario in an article we wrote for Mechanical Business Magazine. #MechBiz “One of the most common questions in the minds of business owners across the country is whether employees can, and should, […]
COVID Temporary Layoffs not to end in constructive dismissal
Ontario Court rules temporary layoffs during COVID will not result in constructive dismissal As a response to the effects of the COVID pandemic in workplaces, the government of Ontario enacted changes to the Employment Standards Act. Under the new legislation, employees who were temporarily laid off during COVID, would not be considered constructively dismissed. Previously, […]
Termination of Employment Without Cause: Is Notice Pay Required After New Job Secured?
Generally speaking, when an employee is terminated without cause, he or she is entitled to termination and severance pay as laid out in the Employment Standards Act (ESA). This is considered the minimum standard. Employers cannot contract out of their obligation to pay the minimum standards. On the other hand, at common law, employees can […]
Ontario paid sick leave – The Laws have been updated
The Ontario government announced that it is introducing new legislation to assist workers who are affected by the COVID pandemic, called the COVID-19 Worker Income Protection Benefit. The new law will require employers to provide employees with up to $200 dollars per day, for up to 3 days, if they are missing work because of […]