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By: Stacey R. Ball Employment Lawyer

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Stacey R. Ball

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9 Most Popular FAQ about Wrongful Dismissal  1. Does my written employment contract encompass all my rights? In Ontario, all employment relationships are contractual, but a written contract is not required. There does not even need to be a verbal agreement; when the conducts of both parties constitute an employment relationship, an agreement is deemed to have formed. When there is an implied employment agreement, the terms and conditions of employment will be governed by…
Sometimes, after an employee is constructively dismissed or terminated, the employer later offered them a job at the same company. In this situation, it is important for the employee to understand the potential consequences if they refuse the position and fully consider whether it is reasonable for them to accept it. Employee’s Duty to Mitigate In the case of wrongful dismissal, the employee has a duty to mitigate their loss, either by seeking out comparable…
If an employee is sick, incapacitated or hurt physically for any reason, they can take days off work. The days off work because of the employee’s illness, injury or medical emergency are called sick days. Sick days can also be used to attend a doctor’s appointment, if the appointment is because of an illness, injury or medical emergency. Who is Eligible The Employment Standards Act provides that an employee who has been employed by an employer for…
COVID-19 has brought about significant impact on Canadian economy and therefore resulted in considerable instability in the labour market, and many employees are at risk of dismissal. It is thus important for employees to understand how Employment Insurance (EI) has been affected and what benefits are available to them. As of September 27, 2020, there are some temporary changes to the EI program to help employees access EI benefits. Current EI Benefit Currently, claimants receiving…
Employment Insurance Improvements Since 2016, the Government of Canada has been making improvements to the Employment Insurance (EI) program, in order to better meet the needs of workers and employers. These improvements include making maternity and parental benefits more flexible, providing more options to caregivers and increasing support for workers. Support for Parents Maternity Benefits Since December 2017, workers now have earlier access to maternity benefits. Eligible pregnant workers can receive EI maternity benefits earlier,…
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3 BASIC RIGHTS OF WORKERS IN ONTARIO-WHAT YOU MUST KNOW Every person employed in Ontario has the right to work in a safe environment. The Occupational Health and Safety Act (“the Act”) has established safety procedures for employees in the workplace and entitled them to three fundamental rights. These includes the right to know about workplace health and safety hazards, the right to participate in making decisions about workplace health and safety and the right…
3 BASIC RIGHTS OF WORKERS IN ONTARIO-WHAT YOU MUST KNOW Every person employed in Ontario has the right to work in a safe environment. The Occupational Health and Safety Act (“the Act”) has established safety procedures for employees in the workplace and entitled them to three fundamental rights. These includes the right to know about workplace health and safety hazards, the right to participate in making decisions about workplace health and safety and the right…
5 SIGNS YOU ARE IN A POISONED WORKPLACE All employees have the right to work in an environment free from discrimination and harassment. However, in the circumstances that an employee is subject to pervasive insulting or degrading offensive actions that make the workplace hostile or unwelcoming, a poisoned or toxic work environment is created. Things that Constitute a Poisoned Work Environment 1.   Verbal Abuse Abuse comes in a variety of forms, not all of which…
List of Rules Which Apply to Ontario Employers in Cases of Mass Termination Pursuant to section 58(1) of the Employment Standards Act, 2000 (“ESA”), a mass termination occurs when an employer terminates 50 or more employees at the employer’s establishment in the same four-week period. However, this does not apply to temporary layoffs in Ontario due to the Covid-19 pandemic. a.   Notice to Director of Employment Standards Employers must submit Form 1 (Notice of Termination…
What is Reinstatement Reinstatement can occur under certain circumstances where an employee who has been terminated is entitled to resume their previous employment. Generally, there are three ways for an employee in Ontario to achieve reinstatement. An employee can either claim human rights violation, retaliation, or right to reinstatement under the Canada Labour Code. When an Employee is Eligible for Reinstatement i. When termination constituted violation against the Human Rights Code Human rights legislations protect…