Parental and Maternity Leave Top-Up Benefits
Having a child can be one of life’s most joyous milestones, yet for some, this anticipation is accompanied by feelings of financial stress and uncertainty of employment. Having a baby …
Mental Health vs. Salary – 1 in 4 Workers Quit Jobs Over Mental Health
Mental health is playing an increasingly important role in the North American workplace. Recent studies show that many workers are struggling with poor mental health, and it is taking a …
What Does The News of Looming Recession Mean for Employees?
There has been increasing talk of a looming recession recently. While we at Whitten & Lublin can’t predict the future, we can definitely help you prepare for it. When you …
Failure to Mitigate Can Have Serious Repercussions for Dismissed Employees
Most employees dismissed without cause will be entitled to reasonable notice of their dismissal. What reasonable notice will mean in each case will depend on considerations like the employee’s age, …
Canadian Banks Drop Vaccine Mandates
Canada’s “Big Five” banks have all either suspended or removed their mandatory COVID-19 vaccination policies. As of Spring 2022, COVID-19 infection and death rates have declined across the country, and …
What is the Difference Between Termination Pay and Severance Pay?
As an employee, if you are terminated without cause, you are owed termination pay and maybe owed severance pay, pursuant to the Employment Standards Act, 2000 (“ESA”). Oftentimes, termination pay …
Russell v The Brick Warehouse : Judge Awards 24 Months Notice and $25,000 in Moral Damages
In the recent decision by the Superior Court of Ontario in Russell v The Brick Warehouse case, the court has taken a firm stance against employers that fail to meet …
Kraft v Firepower Financial: Court Increased Notice Period Due to COVID-19 and Awarded Unpaid Commission
In a recent summary judgment motion (Kraft v Firepower Financial, 2021 ONSC 4962), Daniel Lublin successfully obtained 10 months’ compensation for a 34-year-old niche salesperson with 5.5 years of service …
Are CERB Payments Deductible From Wrongful Dismissal Damages?
Amid the Covid-19 pandemic, the Canadian government has provided various social benefit programs, including the Canada Emergency Response Benefit (“CERB”). However, it was unclear whether CERB payments should be reduced …
Hawkes v. Max Aicher Court Decision Expands Availability of Severance Pay to More Employees
Employees who are fired have long been entitled to various protections under Ontario’s Employment Standards Act, 2000. One of those protections – statutory severance pay – got a jolt in …
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