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
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 »
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 »
Working Remotely and the Exacerbation of Toxic Workplaces
Blog Post
May 5, 2020
Read Time: 2 minutes
Throughout this pandemic, employers and employees alike have been challenged to adapt and find creative ways to meet workplace demands. For some individuals, this shift may have heightened already existing issues in the workplace. Employers and employees must be able to identify when heightened anxiety, frustration and challenges within a team amounts to a toxic… Read more »
Workplace Harassment While Working from Home
Blog Post
April 27, 2020
Read Time: 3 minutes
Nelligan Law gratefully acknowledges the contribution of Grace Tran, Student-at-law, in writing this blog post. COVID-19 has resulted in many individuals working from home. But does working from home stop workplace harassment? Not necessarily. The Internet, technology, mobile devices, and social media have changed where “work” occurs. “Work” is no longer compartmentalized and defined by… Read more »
The Legal Do’s and Don’t’s of Office Romance
Blog Post
February 5, 2020
Read Time: 3 minutes
With January behind us, we can look forward to February, which means one thing: love is in the air! With Valentine’s Day just around the corner, finding someone to couple up with might be on your radar. But what if that special “someone” is a colleague? What are the do’s and don’t’s of office dating?… Read more »