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What Remedies Can You Seek if you File an Employment Standards Complaint
Monthly Archives

September 2020

What Remedies Can You Seek if you File an Employment Standards Complaint

By Employment Law

Let’s say that you are owed commission from your former employer. Or, you may be owed overtime by your current employer. Or, perhaps your employer hasn’t paid you equal pay for equal work. All these scenarios are addressed by Ontario’s Employment Standards Act, 2000 (the “Act”) – which sets out employees’ minimum statutory rights and entitlements. Section 74 of the Act also protects employees from retaliatory measures being taken against them by the employer for invoking their rights under the Act. For instance, terminating an employee or reducing their work hours in reprisal for their attempts to exercise their rights…

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What Are Trial Periods During Constructive Dismissal Claims?

By Employment Law

If an employer unilaterally alters the fundamental terms of an employee’s working conditions, the employee is entitled to object to the change and consider their employment as having been terminated. This is called a constructive dismissal. Constructive dismissals often arise from significant changes to an employee’s pay structure, a geographical transfer, a demotion, and significant changes to job responsibilities. However, other circumstances can also result in a fundamental breach of the employment relationship. For instance, constructive dismissal claims can materialize from an intolerable workplace. If an employer wants to maintain flexibility while mitigating the risk of a constructive dismissal claim,…

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Overtime Pay Case 12 Years in the Making a Big Win for Non-Unionized Employees

By Employment Law

In June 2007, a representative Plaintiff named Dara Fresco commenced a class action on behalf of some 31,000 customer service employees who had worked for CIBC between 1999 and 2009. The claim was titled Dara Fresco v. Canadian Imperial Bank of Commerce. It was eventually certified by the Court of Appeal for Ontario. Ms. Fresco’s central claim was that CIBC’s overtime policies and record-keeping systems contravened the Canada Labour Code (the “Code”) and, as a result, thousands of front-line bank employees were not compensated for the overtime hours they worked. Section 174 of the Code provides that when an employee…

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Mediation and It’s Growing Role in Legal Dispute Resolution

By Employment Law

Mediation is a dispute resolution process where an impartial third party called a “mediator” assists disputing parties in resolving conflict using specialized communication and negotiation techniques. A mediator canvasses the legal issues with parties and attempts to manage parties’ legal positions and expectations so that parties are more likely to settle. All participants in mediation are encouraged to actively participate in the process. Mediation is a “party-centered” process in that it is focused primarily upon the needs, rights, and interests of the parties. Superior Court of Justice Cases Chances are, if you are suing your former employer for wrongful dismissal in…

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