In Waksdale v Swegon North America, 2020 ONCA 391, the Ontario Court found that if any part of a termination provision violates the Employment Standards Act (ESA) the entire provision will fail and the employee is not limited to the ESA minimums. This is a huge benefit to the employee as termination pay would no…
Ontario has increased the maximum claim that can be filed in Small Claims Court from $25,000 to $35,000. This change takes effect on January 1, 2020. On a practical level, employees who initiate a claim for wrongful dismissal or constructive dismissal against their employer can now safely initiate their claim in Small Claims Court for…
An Employee is entitled to receive wages for the time that they have worked. Getting paid on a timely basis the proper amount owing is crucial to the employment relationship. There are instances in which the Courts in Ontario have had to enforce fines and in the most serious cases, jail time, when Employers continually…
An employee faces a constructive dismissal when the employer imposes a fundamental change to the employee’s job. Minor changes will not be found by a Court to be a constructive dismissal as an employer can legally alter the duties and responsibilities of an employee if the imposed changes do not strike at the heart of…
Most employees are aware that they are owed termination pay when they are fired. What many employees and even some employers don’t know is that if certain circumstances exist, statutory severance pay is also owed. To simplify things and to provide a general overview of severance payments, an employee will receive approximately 1 week of…
If you have recently been terminated by your employer and you were given a termination letter and a release to sign, read the documents carefully. Your employer’s intention is to get you to sign a release that shields them from any legally viable claim. Don’t be fooled into signing the release. Don’t allow your employer…
Have you recently been fired? Being fired from your job can be a challenge along with being very stressful. During these difficult times you need to be aware of your financial entitlements to ensure that your former employer is not getting one over on you. All recently fired employees should speak with an employment lawyer…
It is a clear violation of the Ontario Human Rights Code to dismiss an employee based upon any of the prohibited grounds of discrimination set out in the Code. The following prohibited grounds are outlined in the Code: race and colour, ancestry, place of origin, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of…
The Employment Standards Act (“ESA”) outlines what an Employer must pay to a terminated Employee for termination pay. These minimum payments are just that, MINIMUMS. Don’t be short changed by your Employer when they offer you 1 week per year of service. Employer’s hope you take your ESA minimums. The ESA minimums for termination pay…
As an employment lawyer, my dream client is an older long-tenured employee who never signed an employment contract. This is because an enforceable employment contract is the best protection an employer has from a wrongful dismissal claim. Let this blog be a warning to every business owner, protect your financial interests and ensure that you…
Being fired can throw your life into chaos, both emotionally and financially. Do not let this chaos cloud your judgment when it comes to accepting a woefully inadequate severance package. Please keep in mind that your employer has every incentive to minimize their severance payout to you, whether you are legally entitled to more or…