Employment Standards and Other Employment Law Legislation and Common Law When an employee works in Canada, they are protected by the employment law of their country and province.  When an employee works in one province, but travels to another province or even another country for a short trip on a temporary business, again, they are …

If you are a small business without an employment lawyer on retainer, it can be daunting to know what you need to include in your employment contracts. Of course, you likely know the basic terms to include in your employment contracts like Pay, Start Date, Benefits and Vacation, etc. However, you may be unfamiliar with …

Employees can sue their employer for various wrongs, most notably:  Generally, employers are no different than any other kind of person (corporations are persons) and they can be sued in all the same ways anyone else can be sued.  However, regarding personal injury, generally, an employee cannot sue their employer and instead must proceed to …

The cost of an employment lawyer depends on the type of matter and the experience of the lawyer. Minimal risk, commonplace matters like typical wrongful dismissals can be conducted via an accessible contingency fee arrangement, which means the client only pays a fee upon successful completion of the services and this is usually calculated as …

Victims of sexual assault at work can sue their attacker and their employer for damages (i.e. money). Employers can be vicariously liable for the actions of colleagues, supervisors, managers and owners who sexually assault other employees. Human Rights Damages for Workplace Sexual Assault Rules about sexual assault at work generally fall under the law of sexual …

Unfair dismissal is not a legal concept in Ontario or anywhere else in Canada. Simply put, there is no such thing as an ‘unfair dismissal’. Rather, you might have heard of ‘wrongful dismissal’ or ‘unjust dismissal’. These are real concepts of illegal terminations. Wrongful dismissal is when any non-unionized employee is terminated without enough severance. …

Employees who are terminated without cause in Canada are entitled to severance. The amount of severance a terminated employee is entitled to is discussed here. Wrongful dismissal is when an employer terminates an employee without providing them with enough severance.  Therefore, a wrongful dismissal case is about getting more severance. When an employee is wrongfully dismissed, they …

Individuals should apply for employment insurance (“EI”) as soon as they stop working. There is no good reason to wait to apply for EI.  Here are seven good reasons why you should apply for EI as soon as you leave your employment 1. For one, your employer does not need to complete your Record of …

Discrimination in the workplace means unequal or different treatment or harassment towards an employee (or group of employees) that causes harm.  The Ontario Human Rights Code (The “Code”) prohibits discrimination in the workplace.   Specifically, section 5(1) of the Code states that every person has a right to equal treatment with respect to employment without discrimination …

Ontario will announce tomorrow, March 9, 2022, that indoor settings in Ontario, including workplaces, can finally unmask, sources say.  Recall that masks have been mandatory in indoor settings in Ontario since July 2020, almost 18 months ago.  Under O. Reg. 364/20, Rules for Areas at Step 3 and at the Roadmap Exit Step, section 3(1), …