When an employer becomes bankrupt, the rights of its employees are impacted devastatingly. When a company goes bankrupt, of course, its employees will lose their job. To make matters worse, the employees will likely not receive any reasonable notice (i.e. common law severance) and, perhaps, the full extent of their yet unpaid wages. The Rules …
Employment Law
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 …
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 …
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. …
The Ontario government will introduce new legislation later in March 2022 that would require employers to tell their workers if and how they are being monitored electronically. If passed, Ontario would become the first province to require electronic monitoring policies forcing employers to be transparent on how employees’ use of computers, cell phones, GPS systems and …
You may be a job seeker looking for a reference letter, or you may be an employer who was asked to draft a reference letter for someone. In either case, this helpful guide for reference letters in Canada will assist you in completing your reference letter. What is a Reference Letter? A reference letter is …
Nepotism in the workplace Nepotism is defined as favouritism toward relatives or personal friends by those in power, who, because of their relationship rather than their abilities, receive special treatment (source). Nepotism is contrasted to “meritocracy”. Nepotism in the workplace is when someone is chosen for a job or given special treatment because of a …
What Is A Wrongful Dismissal? A wrongful dismissal is simple; it is a termination in breach of the employment contract. All employees have an employment contract even if there is no written agreement. Where there is no written contract, an implied employment contract is formed. The most important part of an employment contract is the …
Employers who have contracts with their employees that state explicitly that demotions are allowed, of course, are allowed to lawfully demote their employees in the circumstances prescribed by the contract. However, what happens in the case of employment relationships that do not contemplate demotions in an employment contract? After all, a demotion is a unilateral …