As many of our readers and clients know, we have been cautioning that the legality of certain layoffs and job changes necessitated by COVID-19 is uncertain. Generally, layoffs are only legal if the employment contract gives the employer the right to layoff, and many other job changes, such as reductions in hours or pay, raise the risk of constructive dismissal. We anticipated that at some point the Ontario government may weigh in and change the law – on Friday they did.
Continue Reading Big Changes for COVID-19 Layoffs in Ontario: New O. Reg 228/20 Infectious Disease Emergency Leave Curtails Constructive Dismissal Claims
How Can I Afford Legal Advice if My Business is Sinking?
How Can I Afford Legal Advice?
Many employers are facing rock hard choices right now: layoff on shaky legal ground or go bankrupt? Let some employees go, but how to afford termination pay? Offer more than ESA minimums to get a release or risk a claim down the road?
Since early March 2020, we’ve found
Top 5 Employment Law Cases of 2018
By: Hilary Page and Lisa Stam
2018 was a whirlwind of statutory changes in the employment law world, which has perhaps overshadowed the judicial developments that have taken place in courts. In today’s post, we turn to all things case law and give our picks for the top 5 employment law cases of 2018.
Bill 148 Fair Workplaces Changes: Scheduling, Leaves and Vacation
This is the third post in my series about the proposed Bill 148 legislative changes. In this post I discuss changes related to scheduling, leaves and vacations.
Under the proposed changes employees will have the right to increased workplace flexibility and increased leave entitlements. Let’s take a
Family Status Discrimination: The Statutory Framework
Discrimination on the grounds of “family status” continues to be a hot topic for Canadian employers. Are employers required to accommodate an employee’s eldercare obligations? Are these sorts of obligations different than an employee’s childcare obligations? Where is the line between personal preference to help
When Does Racism Amount to a Poisoned Workplace?
Does racism necessarily lead to a poisoned workplace?
At the end of last month, the Ontario Court of Appeal concluded in General Motors of Canada Limited v Yohann Johnson that while the former employee, Johnson, “genuinely believed that he had been the victim of racism in his workplace” and that his “perception of events unfortunately
Tips for Transitioning Back a Returning Employee
Well, I’m back in the office this week after a busy but wonderful maternity leave. I was quite excited to get back at it. As all parents who have taken a parental leave know, coming into the office is often a welcomed break from the chaos of little ones at home.
Practicing law certainly has
Maternity Leave Realities
I haven’t blogged since mid-September. The spirit is willing, but the flesh is weak.
I’m home in month 3 of a maternity leave with my second baby and simply haven’t been able to get to a computer for a solid period of time. As anyone who has been on a parental leave with a newborn knows, it is a
Maternity Leave Benefits Around the World
Three weeks ago, I had a baby. He’s my second child, was a very reasonable 6 lbs 12 ozs and happily zipped out with no fanfare or complications. I am now at home with plenty of down time while I feed and wish I was sleeping, and while keeping watch over my 2 year old to make
Employer Obligations During a Leave
This week, Christine Thomlinson wrote a great blog post on the (potential) come-back of Tiger Woods. She draws a parallel between Tiger’s return to golf and employees returning to work after a difficult period in their life, whether criminal, personal, or otherwise. As she points out, there are a number of pro-active steps an