What is a Common Law Employer?
A common question many employees ask is the difference between entitlements under the Employment Standards Act, 2000, S.O. 2000, c. 41 (the “ESA”), and common law reasonable notice. Understanding the …
Employer Vaccination Policies: Legal Insights and Court Rulings
How have vaccination mandates led to claims of constructive dismissal? During the pandemic and thereafter, many employers implemented vaccine policies that mandated vaccination. While employers can require new employees to …
Is This a Resignation Or a Wrongful Dismissal?
The court was recently tasked with determining if an employer wrongfully dismissed an employee who obtained another full-time job while she was laid off. Generally, unless it is explicitly stated …
Workplace Mental Health: Strategies for Employers
What Does the Latest TELUS Mental Health Index Reveal About Workers’ Mental Health? Workers’ mental health has sunk to levels similar to that of the low points during the COVID-19 …
Samko & Miko Toy: Bankruptcy Announcement
What Led to the Closure of Samko & Miko Toy Warehouse? In a sad turn for Ontario’s toy retail landscape, Samko & Miko Toy Warehouse, a longstanding institution known for …
Legal Alarms: Are Your Employment Contracts Outdated?
Recent changes to the law should have employers reviewing their employment contracts. Since 2020, the landscape of employment contracts and termination provisions has been shifting quickly, rendering many employment contracts …
Termination for Cause: Park v Costco Dismissal Case
The “Park v Costco Dismissal Case” is a recent Ontario Superior Court case that has attracted attention due to its outcome regarding the establishment of cause (also known as “just …
Proposed Changes to Employment Standards Act Ontario to Address Remote Work
The widespread increase of remote work as a result of the COVID-19 pandemic appears to be here to stay, and with that the Ontario government is looking at updating employment …
The Termination Clauses You Signed May Be Void: Recent Ruling by Ontario Court of Appeal
The recent ruling by the Ontario Court of Appeal in Wakesdale vs. Swegon North America (ONCA 391 2020) has the potential to void many termination provisions within employment contracts. Accordingly, …
Requesting Proof for Personal Emergency Leave from an Employee
Under the Employment Standards Act (ESA), employees are entitled to 10 personal emergency leave (PEL) days per year (the first 2 days must be with no loss of pay) for …