Employment law rights regarding your health benefits and origin of proceeding

Aug 6, 2014

Employment lawyer, Daniel Lublin has answered some essential questions in the Globe and Mail regarding employment law rights. Read his responses to several readers’ questions below:


Is an employer legally permitted to reduce or eliminate an employee’s health benefits?


Employers can make only minor changes to your compensation without your consent. There is case law that states that anything more than a 15-per-cent change in compensation is a breach of contract that entitles you to leave your position and sue for damages while you look for another job. This is referred to as a constructive dismissal, but the 15-per-cent figure is just a guideline. Even a 5-per-cent change to your compensation may in some cases amount to a constructive dismissal.


Is it practical for employees who reside out of Ontario, but are working for an Ontario registered company, to sue in Ontario or in their local province?


It is an issue of choice. In Canada, a person or company who starts a lawsuit makes the decision on where to sue, but a defendant can challenge that choice if there was no real connection between the jurisdiction that was selected by the plaintiff and the case. Your strategic choice would weigh on whether or not you wish to travel to and from Ontario or the legal costs associated with enforcing a judgment in Ontario.

To read more of Daniel Lublin’s articles and find more information about your rights refer to “Employment rights regarding your health benefits and origin of proceeding”.

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