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Category: Employment & Severance

Employer Rights – Time Theft in the Workplace

February 7th, 2023 in Employment & Severance

Time theft refers to when employees actively engage in activities not related to their job while they are being paid by their employer. It can include things like personal phone calls, internet browsing, or even taking long breaks. In some cases, employees are billing for time they did not work, using their work time to […]

The IDEL and Constructive Dismissal

November 11th, 2021 in Employment & Severance

On June 7, 2021, the Ontario Superior Court of Justice released another decision on the issue of whether an employee who has been temporarily laid off due to the COVID-19 pandemic has been constructively dismissed pursuant to the common law. In pre-COVID times, an employee who had not previously agreed to be subject to temporary […]

Covid: Extended Termination Entitlements

August 3rd, 2021 in Employment & Severance

After seventeen months of a living in a global pandemic, it’s certainly beginning to feel like we’re reaching the light at the end of the tunnel. Friends and families can gather, restaurants have reopened, recreational sports are back in action and we can all get a long overdue haircut. From a legal perspective, the receding […]

Court Decisions on Covid Layoffs Uneven

July 22nd, 2021 in Employment & Severance

As more and more Canadians get vaccinated, we have begun to see the effects of the pandemic slowly fading. Businesses are starting to operate again and employees are finally getting back to the office. In fact, some employees who were purportedly “temporarily laid off” during the pandemic are now being recalled to work. As we […]

Temp Lay-Offs are Constructive Dismissal

May 12th, 2021 in Employment & Severance

Overview As the pandemic continues to persist throughout Canada and with increasing restrictions being implemented by the Ontario government, more and more employers and employees are forced to reconsider their rights and legal obligations. The amendments made to the Employment Standards Act, 2000, S.O. 2000, c. 41 (“ESA”) by the Ontario government on May 29, […]

Changing the Game in Employment Law

April 3rd, 2021 in Employment & Severance

The ravages of the Court of Appeal decision in Waksdale v. Swegon North America Inc. are being felt.  As mentioned in our previous blogs, this decision is impacting almost every employment contract in the province.  It is sending employers scrambling to update their employment contracts to address this new reality.  Many employees who would only […]

Case on Termination Clauses Denied Leave

February 1st, 2021 in Employment & Severance

As we discussed in a previous blog, the decision in Waksdale v. Swegon North America Inc., 2020 ONCA 391 has an impact on the enforceability of most employment contracts in Ontario. When the decision was rendered, it left many employers scrambling to properly update their employment contracts, while providing a far greater number of dismissed […]

COVID: Employee Law Termination Rights

October 20th, 2020 in Employment & Severance

Bruce Dickinson, the esteemed singer-songwriter, said that nothing lasts forever but the certainty of change.  While the duration of the COVID-19 pandemic remains unknown, we can be certain that it will not last forever and, until it is resolved, we will continue to live through a period of unprecedented change.  For some, such change takes […]

Temporary Layoff and Unclear Recall Date

October 2nd, 2020 in Employment & Severance

The COVID-19 pandemic has brought with it many new challenges to our world, and in particular, our economy. With already limited business operations in order to abide by government restrictions and a second-wave of infections now upon us, it is likely that more Canadians will not be called back to their jobs or will now […]

Are you getting a fair severance?

August 30th, 2020 in Employment & Severance

Losing your job due to layoffs, company insolvency or other reasons may create a period of financial instability in your life. You may have the skills, experience and network to land another job fairly quickly, but in these uncertain economic times, there are no guarantees. Fortunately, the government of Ontario requires certain employers to provide […]

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