Work from home? The same rules apply

Few workers get less sympathy than telecommuters. This is because they do not commute at all. However, from a legal perspective, although telecommuters or remote workers may be out of sight, they are not out of mind for employers.
They must be treated similar to any other employee, even if the nature of their “workplace” differs considerably. Often this does not occur. What are some of the legal disputes faced by Canadian employers and employees who work remotely?

Do I have to repay my maternity top-up if I’m let go?

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?

More workplace law questions – and answers

Workplace law never ceases to amaze me — whether employer or employee, one side is always trying to take advantage of the other. Here are some of the more opportunistic questions I was asked this week. Can I fire an employee on maternity leave? Can I fire an employee on disability leave? Can I look for another job while still employed? I work through lunch and my breaks all the time, can I leave work early? My employee claims she worked during her vacation. Must I provide her with extra time off? Overtime – if an employee works late because she is slow at her work, must I pay for that time?

Reinstatement isn’t an option for Canadian employees

Canadian employment law provides a buffet of remedies for an aggrieved employee to pick and choose from. As Mr. and Ms. Anil and Neerja Sharma learned, however, reinstatement isn’t currently offered on the menu. Anil and Neerja Sharma were fighting for their jobs and for their reputations. The couple had found their dream jobs as sales agents for Quadrus Investment Services, a subsidiary of London Life Insurance. Unfortunately for the Sharmas, their dreams came to an abrupt end when, under the cloud of a fraud investigation, they were suspended and then fired.

Not all employees entitled to "Family Day"

Employees in Ontario celebrated the Ontario Government’s recent decision to add ‘Family Day’ as the ninth public holiday under the Employment Standards Act (ESA). But not so fast: despite its status as a statutory holiday, not all employees will receive the benefit of an additional day off work, or extra holiday pay if asked to work on that day. Many employers in Ontario are avoiding Family Day by relying on a section of the ESA that allows them to disregard it, if they were already providing a greater entitlement to their employees.

Canadian employees are not reinstated after termination

The termination of a Toronto sports icon had his fans crying foul.  Rogers Centre beer vendor, Wayne McMahon, also known as the “Ice…. Cold…. Beer Guy” was fired last Tuesday by the Rogers Centre food and beverage service provider – for allegedly serving alcohol to a 22 year old mystery shopper, without asking for I.D. Despite the public support for McMahon, his former employer will not reinstate him – but it does not have to, as a judge will not order a former employee back to the workplace. The best McMahon could expect if he commenced legal proceedings, therefore, would be wrongful dismissal damages for losing his job.

Reinstatement Isn’t an Option for Employees

Canadian Employment Law provides a buffet of remedies for the dismissed employee.  However as two ontario litigants recently learned, reinstatement isn’t currently offerred on the menu.  See the full version …

Unfair Lab Practices

Unfair Labour Practices There are several laws in Ontario and Canada that protect you from unfair labour practices. Here is what you need to know about each law and how …

Ministry of Labour Complaints

Ministry of Labour Complaints Generally, each province has a complaint process available for employees to make claims against an employer violating the applicable employment standards legislation. Here is what you …