Author name: jonkersdw

Even a mistaken over payment by an employer – it should be unilaterally deducted by the employer against future pay owed to the employee or against any other amount due and payable. Most employers assume they can simply deduct it from wages payable, for example. No so. While the Employment Standards Act of Ontario, on […]

When assessing pay in lieu of reasonable notice in an employment termination case, Courts generally consider the employees position and responsibilities, length of service, age and the availability of other employment generally. While employers have argued economic downturns as justification for termination, Courts have historically disregarded this argument and, in fact, in some cases given

This is a great summary of rights/obligations in the workplace for voting for the upcoming Oct. 19, 2015 federal election – for both employees and employers. This article is by: Borden Ladner Gervais LLP – Dan Palayew, reproduced by Lexology.com ________________________________________________________________________________ "With the upcoming elections, we thought it would be timely to remind you of

The September, 2015 Case: Gordon v. Altus Group Limited 2015 ONSC 5663. The Outcome: The employer alleged cause for termination. The Court held there was no cause for termination. The employer had to pay not only damages for failure to provide reasonable notice, but also $100,000 in punitive damages (for a failure to perform the

"The Ontario Ministry of Finance released more information on the key features of the Ontario Retirement Pension Plan (ORPP) on August 11, 2015. By 2020, everyone employed in Ontario (other than certain "exempted" employees) will accrue pension benefits under either a "comparable workplace pension plan" or the ORPP. Many details of the ORPP remain unknown

This employee made threats againt co-workers. He was terminated. He sued for wrongful termination, claiming that his conduct was due to his dependency on alcohol (which is a recognized mental health disability). He claimed the employer discriminated against him under the Human Rights Code on the basis of his disability. The Court of Appeal disagreed.

If you are terminated from your job, you may be entitled by law to "severance pay" under the Employment Standards Act of Ontario. One of the conditions may be that your former employer had a annual payroll of $2.5 million or more when you were terminated.  Now, in Ontario, this test is based on your

Before terminating an employee for unsatisfactory performance (especially if cause for termination is alleged), an employer must take proper steps to minimize the risk of liability for wrongful termination. Generally, these steps, which sometimes are called progressive discipline, include: the employee must be aware of the employer’s expectations; the employee’s performance must be significantly unsatisfactory

To help ensure that employers understand their obligations and that employees know their rights, the Minister of Labour has prepared and published an Employment Standards Poster entitled Employment Standards in Ontario. This poster describes important rights and requirements under the Employment Standards Act, 2000 and must be posted in the workplace where it is likely

Overtime pay can be challenging and confusing, especially when an employee is not paid based on an hourly wage. Ontarios Employment Standards Act, 2000, Part VIII, sets out when an employee is entitled to overtime pay and the rate that is payable to the employee. Employers who do not follow the overtime rules can be