Author name: jonkersdw

HIRING A REPLACEMENT FOR AN EMPLOYEE ON A LEAVE OF ABSENCE:   If an accommodated employee is on a leave of absence stipulated by Ontario’s Employment Standards Act, 2000 (the “ESA”), the employee has a presumed right to return to work in the same position (if the position still exists or similar duties are still […]

Our Top 10 tips for hiring a new employee:  [1]      SIGNED EMPLOYMENT AGREEMENT/OFFER: Before the employee starts any work: ensure you have the employee’s properly signed employment agreement or accepted offer of employment; ensure the employment agreement/offer addresses everything necessary, including for termination (with and without cause), leaves of absence, police record check (if desired

The emerging judicial trend in Ontario is to give more to long-service, advanced-age employees if they are wrongfully terminated.  The Courts are determining that “forced retirements” are unacceptable and punishing employers who are perceived to do so by granting more pay in lieu of notice (i.e., longer notice periods). Severance settlements will be impacted by

Some employers use the so-called “rule of thumb” to make severance offers to employees terminated without notice.  Basically, one month severance pay for each completed year of service. By implication, short-term employees, even managerial ones, would only be entitled to minimal pay in lieu of notice if terminated without cause. This is not the law. Indeed,

“Constructive dismissal” is different from wrongful termination. If an employee leaves, usually it is by resignation. However, if the departure is due to an alleged toxic, abusive or intolerable workplace, to the extent that the employer has substantially changed fundamental or essential terms of the employment contract, it may be considered a forced departure, or

Long term disability benefit coverage (“LTD”) is a type of insurance that may be available to employees, often as part of a group benefit package or program. It is a contract between the insurance provider (benefit carrier) and the employer, which benefits the employee. Often the employee must contribute to the monthly premium for the

Generally, an employer cannot abruptly terminate an employee without notice (i.e., any severance) unless there is “just cause” to do so. If such cause is absent, reasonable notice, or pay in lieu of notice, is usually required by law. It is exceedingly difficult for Ontario employers to prove “just cause” in Ontario Courtrooms. Some critics

Safety at work is a tricky subject for both employers and workers.  As either an worker or an employer, everyone has likely heard the golden rule that ‘workers have a right to refuse unsafe work.’  This is a legal right that workers across Ontario have and it is important to understand how this right under

Protection to employees in Ontario from “genetic discrimination” by employers has officially arrived.    An increasing number of businesses offer individual genetic testing, which may, among other things, disclose a medical diagnosis or condition, that a person may have, or carry, a genetic mutation or irregularity or that a person may be at higher-than-normal risk