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Employment Insurance Benefits

22nd Oct 2018

Most workplaces in Ontario are covered under the Ontario Employment Standards Act (2000), which contains provisions about vacation and vacation pay. For workplaces covered under the Employment Standards Act (ESA), workers with less than 5 … Read More

10th Sep 2018

Due Diligence is a legal defence against charges under the Health and Safety laws. Due diligence means that an employer has taken every reasonable precaution and measure in the circumstances to prevent or limit the … Read More

23rd Jan 2018

Under Ontario Health and Safety legislation, employees have a right to refuse work they reasonably believe to be unsafe. This includes the right to refuse unsafe work on the basis of violence. The act of … Read More

12th Dec 2017

The only types of deduction employers can make are ones mandated by law, such as CPP, Federal/Provincial tax, or court ordered garnishments. A court may order the employer to deduct wages from the employee if … Read More

29th Jul 2013

It is one of workplace law’s newest phenomena, but it is also often a charade: Employers, happy to unburden themselves from the various costs and liabilities associated with hiring and managing a work force of employees, are increasingly retaining “contractors” to perform much of the same work that their employees did before. Read More

15th Jul 2013

I have been on maternity leave for about a year. Two weeks before my scheduled return to work, I was informed that, because of some restructuring within the organization, my role is changing and that I have the option to return or take a severance package.

The details of the package were e-mailed to me and the package will be equivalent to around four months of my salary (which I think is generous considering I only joined the company in May, 2011). In terms of the changes to the job should I choose to return, I will require more “technical” skills, but the rest of the requirements are pretty much the same.

Is this legal? Read More

Employment contracts are becoming the biggest loophole in workplace law – but that loophole only works for employers.

Companies, with acute knowledge of how employment contracts can operate to their advantage, are increasingly requiring staff to sign one-sided agreements that reduce their legal rights.

These employees – most without any bargaining power, or worse, without an understanding of the law – often do not realize their legal interests are being undermined.

But if the law permits employers to do it, then why would they not try to prevent expensive lawsuits, large severance packages and competition from former employees, all with the stroke of a pen? Read More

I am returning to work after a year-long maternity leave, and my company is planning to lay off a significant number of employees in the next two months. I will probably lose my job.

I received a top-up of around $7,000 for my mat leave. I’m required to come back for six months, and if I don’t return of my own choice, I need to pay that back. If I’m fired, can the company still expect me to pay this back? Can they subtract it from my severance pay? And do severance packages always count as insurable time if I need to go on employment insurance? Read More

I work for a company and I am currently on a parental leave. The division of the company I work for has since been shut down and I have no job to return to.

Since I am on leave, I heard this news from a colleague at a different company – no one (not even human resources) reached out to me to advise me of the closure. I contacted HR to find out exactly what was going to happen to me. HR advised that most likely no “like positions” would be available to me when I return and I would be given a severance when I do “try” to come back. I was not told the exact dollar figure of the severance, although I think this is important information for me to know.

Shouldn’t the company tell me exact figures of a potential severance package and secondly, shouldn’t they be obligated to provide me a position with a similar salary upon my return? Read More

18th Nov 2012

Seldom will a temporary illness justify dismissal. But what happens when a sick employee may never return to work? Can employers discard employees they view as festering on their disability insurance or must they keep their jobs available for an indefinite period of time? According to a recent Ontario case, employers may have more latitude than you think. Read More

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