Andrew Montague-Reinholdt has had an important win this week in the Ontario Court of Appeal’s decision, Pearce v. Canada (Staff of the Non-Public Funds, Canadian Forces). Mr. Pearce was a non-unionized federal public service employee. He argued constructive dismissal against his employer, who fell under the “undesignated Separate Agency” category pursuant to the Federal Public… Read more »
Non-Unionized Employees Can Bring Superior Court Actions for Wrongful Dismissals
Blog Post
February 5, 2021
Read Time: 2 minutes
Can the Pandemic Warrant a Longer Notice Period?
Blog Post
February 1, 2021
Read Time: 2 minutes
In a decision released on January 18, 2021, Yee v Hudson’s Bay Company, 2021 ONSC 387, the court pronounced itself on whether the COVID-19 pandemic impacts the length of reasonable notice periods. The Facts Marvin Yee was a Hudson’s Bay Company (“HBC”) employee for 11.65 years when his employment ended on August 28, 2019; pre-COVID…. Read more »
Expanding our Employment Law Helpline
Blog Post
October 15, 2020
Read Time: < 1 minute
On March 25th, we launched our free COVID-19 Employment Law helpline. Since then, we have helped hundreds of people whose employment situations were affected by COVID-19 navigate their options and understand their rights. Today, we are expanding our helpline to provide free assistance to employees in Ontario related to their human rights in employment. Nelligan… Read more »
Supreme Court of Canada Clarifies Law: Bonuses During Notice Period Must Be Paid, and Employers Should Not Act Dishonestly
Blog Post
October 9, 2020
Read Time: 6 minutes
Authors: Christopher Rootham and Adrienne Fanjoy In Matthews v Ocean Nutrition Canada Ltd., the Supreme Court of Canada has clarified the rules around bonus payments or other incentive payments that become payable during the notice period after an employee is dismissed. The Supreme Court also made it clear that employers should not act dishonestly and… Read more »
Layoffs turning into terminations on September 4? Not necessarily. Important change to the layoff period:
Blog Post
September 4, 2020
Read Time: 2 minutes
COVID-19 hit the province in and around March 16, 2020. As a result, many businesses were forced to temporarily layoff their employees. typically, an employer can only layoff and employee if it is directly permitted in your employment contract or implied as part of industry standards. As such, some employees started treating these layoffs as… Read more »
Can I be fired for my opinions: cancel culture and free speech in the workplace
Blog Post
July 8, 2020
Read Time: 4 minutes
Yesterday, a group of public figures, including authors, signed a letter in Harpers, effectively denouncing cancel culture. They suggest that we are living in a society where individuals cannot speak out or voice dissenting opinions because they will face backlash, including being fired from their job, for voicing or giving a platform to controversial views. This… Read more »
With Cause or Not With Cause: Your Employment Contract May Be Unenforceable Regardless, Says the Ontario Court of Appeal in New Waksdale Decision
Blog Post
July 3, 2020
Read Time: 5 minutes
On June 17, 2020, the Ontario Court of Appeal forged new ground in employment law with its decision in Waksdale v. Swegon North America Inc. (“Waksdale”). This decision has significant implications for employees and employers with respect to one of the most important cornerstones of the employment relationship: the employment contract. Note: This decision is… Read more »
Can Your Employer Reduce Your Wages due to COVID-19?
Blog Post
May 25, 2020
Read Time: 2 minutes
To avoid mass lay-offs, many employers are reducing their employees’ wages without reducing their work hours. If you belong to this group of people, you must be feeling frustrated and confused – you are not alone. Generally, a reduction in your salary could constitute a constructive dismissal. A constructive dismissal is defined as a substantial… Read more »
Go Home, You’re (Not) Fired: Can your employer send you home for being at-risk for COVID-19?
Blog Post
May 12, 2020
Read Time: 3 minutes
The COVID-19 pandemic has raised a slew of unforeseen employment law concerns for workers. As we move through the initial stage of the pandemic and into the next few months, some workers are facing an unexpected issue: what do they do if their employer tells them they can’t come into work because they are high-risk for COVID-19… Read more »
Top 5 Tips for a Productive and Efficient Initial Consultation
Blog Post
January 23, 2020
Read Time: 2 minutes
An initial consultation with a lawyer can be an overwhelming experience, but it doesn’t have to be. Most people don’t know what to expect, or how to prepare. The following tips will help you get ready, making your first meeting less daunting, but also more productive. 1. Send Documents in Advance as Soon as Possible… Read more »