FAQs about Employment Law

What is the Employment Standards Act?

Each province has enacted legislation setting out minimum mandatory notice and severance entitlements based on the individual employee’s length of service.

There may be additional entitlements based on the size of the Employer’s payroll and the number of employees terminated at the same time. These entitlements are available to employees that have not committed acts of “ willful misconduct “ ( which the employer must prove ) and are not subject to any off set for income gained through alternate employment.

What if an employee quits?

Generally, a voluntary resignation will preclude an action in wrongful dismissal“. A resignation must be “clear and unequivocal “. In addition, it must not be obtained as a result of a false representation, deceit or duress.

What does duty to mitigate mean?

An employee is entitled to notice of a termination and the corresponding duty placed upon them is to exercise diligent efforts to search for employment. If an employee fails to mitigate a Court may hold that his/her right to income protection is lost.

What about disability payments such as LTD and STD?

If an individual suffers a major disability during the course of their employment, he or she would normally be entitled to benefits.

Although each group LTD policy can vary, benefits are usually provided to the monetary limit of coverage, during the first two (2) years if the employee cannot fulfill the duties of their own occupation. To receive further benefits until age 65, the employee must be so disabled that he/she cannot perform the duties of any occupation that their training, education and experience would normally allow them.

What is Worker’s Compensation?

Compensation for injuries or accidents which occur at work cannot be collected through ordinary litigation and rather must be sought from the WSIB system. An employee cannot collect more than one wage benefit during the period of notice. With the exception of minimum statutory notice, severance and amounts paid by WSIB would be set off.

There are additional compensation payments and penalties available to a Worker who is terminated within six (6) months to two (2) years if the Employer fails to accommodate, or terminates the employee upon return from a WSIA injury.

Can I collect Employment Insurance?

If you are terminated for a reason other than with “just cause” you may be eligible for benefits under the Employment Insurance Act. However, to the extent that you receive termination payments from the employer, you will be required to repay all employment insurance benefits received during the period of notice.

The information contained at this web site is provided for reference purposes only and is not to be interpreted in any way as legal advice. You should seek professional legal counsel for your specific employment situation.