What rights do employees in Ontario have?

September 19th, 2016

The Employment Standards Act applies to most workers in Ontario. It does not apply to workers in federally-regulated industries, such as banks and transportation. The ESA has rules that employers have to follow. For instance, it covers the topic of hours worked, what constitutes as minimum wage, when employees are qualified for severance pay, etc. […]

The Supreme Court of Canada’s take on unjust dismissa …

July 21st, 2016

Canada’s highest court rules that amount of severance cannot change whether a dismissal is “unjust” in Wilson v Atomic Energy of Canada Ltd. (2016) True or false?  An employer can dismiss an employee for any reason, as long as they provide notice or pay in lieu of notice, and as long as the reason for […]

Harsh or “draconian” terms in employment contract n …

November 26th, 2015

By Michelle Stephenson In Kielb v. National Money Mart Company, a dismissed employee sought to have the termination and limitation clauses in his employment agreement found unenforceable. His goal was to recover his bonus for the year during which he was terminated, as well as his contractual pay in lieu of notice, which he waived, […]

Employee Whose Contract is Frustrated by Terminal Cance …

October 6th, 2015

By Jeffrey H. Spiegel It is clear from the relevant statutory and regulatory provisions under the Employment Standards Act, 2000 (the “Act”) that an employee whose contract is frustrated on account of illness or injury is entitled to both termination pay and severance pay.  An employment contract is frustrated when the employee will be unable […]

Dismissal without just cause: not necessarily “unjust …

October 1st, 2015

By Michelle Stephenson In Wilson v. Atomic Energy of Canada Limited, the Federal Court of Appeal has clarified the impact of the Canada Labour Code on an employer’s ability to dismiss employees without cause. In this case, the appellant, Joseph Wilson, was dismissed by Atomic Energy, his employer of four and a half years, without […]

Bankrupt Employer ≠ Helpless Employee

June 9th, 2015

It has long been recognized by the courts that there is a power imbalance between employers and employees. Given the nature of the employer-employee relationship, one may be able to see why an employee may feel as though they are at the mercy of their employer. Luckily, there are statutory safeguards to place employees on […]

Two Lessons from Paquette v Quadraspec Inc.

December 11th, 2014

In Ontario, employment relationships are governed by the Employment Standards Act, 2000 (the “ESA”). The ESA sets out minimum entitlements that employers must provide to their employees. The parties to an employment contract cannot contract out of the minimum entitlements under the ESA. In Paquette v Quadraspec Inc., Mr. Paquette made two different claims against […]

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