Employment Law

It’s that time of year again. Every year, when October 1st rolls around, there is a chance that the minimum wage rates may increase based on the inflation rate. Nearly a million workers—around 942,400—benefitted from bigger paycheques this month. The Ontario government increased the minimum wage to $16.55 an hour, up from $15.50 an hour—a 6.8% pay raise for low-income workers. With some quick math, that works out to an increase of almost $2,200 per year for someone who puts in a 40-hour work week. This new minimum wage is the highest of any province in the country (though it…

With the proliferation of Internet job postings has come a proliferation of Temporary Help Agencies. Employers pay these companies to find temporary workers for their business. Unfortunately, some employers have found that by working with Temporary Help Agencies, they can steal, defraud, and intimidate employees without consequence. Employer-endorsed intimidation and wage theft, an ongoing issue in Ontario, is finally getting the attention it deserves. In the 2020-2021 period, the Ontario government estimates that over 4.2 million dollars in unpaid wages were owed to over 10,000 temporary workers. These funds were pocketed by both large and small employers who abused the…

Starting next year on February 1, 2024, federally regulated employees may be entitled to more when their employment is terminated. Industries such as air transport, banks, postal services, radio and TV broadcasting, railway and road transport, port services, First Nations band councils, or any business that is integral to the operation of one of the above fall under the Canada Labour Code (“the Code”) and must abide by federal rules and regulations. That means that if you are employed in one of these industries, and your workplace fails to keep up with these changes, you could be getting less than…

Many employees receive bonuses from their employers, whether it is a small amount for the holidays or a significant sum. In fields such as sales, that “bonus” can account for everything an employee earns above minimum wage.    This means that many employees depend on their bonus as part of their overall compensation package to cover both expected expenses, such as a Christmas bonus earmarked for presents, or unexpected ones, such as car trouble. If you are depending on a bonus, it can be devastating if you’re fired and don’t receive it.    Many employees incorrectly believe they are not…

As an employee, you are entitled to a safe and healthy workplace. Harassment or an unsafe working environment is never acceptable. When an incident occurs, or a complaint is made, a workplace investigation is almost always required. This brief guide will provide an overview of what to expect when a workplace investigation takes place.  Step One: Complaint If you notice there is a health and safety problem in your workplace, your first step is to report it to your employer. If you are experiencing or notice incidents of workplace harassment, you can also report that to your employer. Employers are…

If you are experiencing harassment in the workplace, there might be a few worries holding you back from making a complaint to your employer. Will your employer punish you for making a complaint? Will they reduce your hours or stop considering you for a promotion? Will they fire you?   Consider seeking advice from an employment lawyer before you make a complaint. Together you can strategize on how to best communicate your concerns to your employer. You can also ensure that if your employer tries to retaliate later, you will be prepared.   The Occupational Health and Safety Act (“OHSA”) doesn’t only…

Being wrongfully terminated is stressful and often surprising. For employees on a fixed-term contract, it is often blindsiding. One recent case highlights that if you are on a fixed-term contract, you may be entitled to more than you think. In, Tarras v The Municipal Infrastructure Group Ltd., a former employee was awarded $479,000 after being wrongfully terminated before the end of his contract.  Mark Tarras was a Professional Engineer for The Municipal Infrastructure Group Limited. In December 2019, Mr. Tarras entered into a three-year employment contract with his employer that would pay him a base salary of $250,000 per year,…

Upon being fired, after the initial pain and shock has subsided, the most important question is the terms and amount of the settlement offer. Almost always this offer is accompanied by a scary looking legal release, with strange bolding and capitalization. While this offer may be important for gauging if a lawsuit makes sense, once you start a wrongful dismissal lawsuit, it is almost always irrelevant. The initial termination offer from your employer is not included in the court documents because it is subject to settlement privilege.  The employer may want to mention the initial termination package to show the…

The old idea that work ends when you walk out the door is irrelevant to most modern employees. Even those who work fixed shifts know the pain and frustration of receiving a text or call from a manager asking you to work on your day off. The pandemic further blurred the lines between work and home as employees suddenly had to work from home.  The new Ontario Right to Disconnect Law was created to answer this but has confused many employers and employees. This has led to questions about what it is, what an employee is entitled to, or even…