Employment Law

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…

Most people probably didn’t know that the LSO has a certified specialist program. Following a study conducted by the law society’s competency task force, the certification will be decommissioned. The only exception is the Indigenous Legal issues certification. This certification is being kept in recognition of the key role that this designation plays in the Law Society’s Indigenous Framework and commitments to reconciliation. What is this certification? Lawyers practicing for a number of years in a certain field could apply to be certified as a specialist in that field. Along with a small fee, if lawyers continued to meet these…

Anyone who has searched for work has come across job listings specifying a seasonal term with the “opportunity” to extend or gain full-time employment. While there are many mutually beneficial employment opportunities to be found in a variety of seasonal sectors, it goes without saying that seasonal employees are more vulnerable than permanent employees.  If you work seasonally in the fishing, forestry, or agricultural industries during their peaks, retail and hospitality during the holidays, or one of the many other industries that hire seasonal workers, you understand that vulnerability firsthand.  So, what can you do as a seasonal employee to…

With the school year ending and spring fading into the heat of summer, there is one other change Ontarians need to keep in mind before donning their sunglasses and taking some much-needed time off – the COVID-19 Period is finally coming to an end.   What Is the COVID-19 Period? During the pandemic, the government made modifications to accommodate the employment-related difficulties created by the pandemic. These temporary accommodations, which began on May 29, 2020, largely allowed employers some flexibility in addressing the downturn in business caused by the pandemic. On July 31, 2022, they will be ending.  What does this…

In the recent decision of Gascon v Newmont Goldcorp, the court determined that misleading an employee as to the future of their employment can give rise to additional damages. In Gascon, an employer selling a mine knew that the General Manager would lose their employment as a result. Despite knowing that the new owner would not hire him back, the employer did not notify the plaintiff of his impending termination. The court ruled that the employer’s conduct was “untruthful, misleading and unduly insensitive” and ordered damages to be paid. In this case, the employers also refused to pay the employee’s…

The controversial vaccine mandate has created a lot of uncertainty as many people have lost their jobs for refusing to receive the Covid vaccine. Too often, employees across the country are being told to make a choice, to either take the jab or to face consequences ranging from suspension to termination. While many employers believe that the government approval of the mandate gives them the legal right to discipline those refusing to be vaccinated, the consensus amongst employment lawyers is that refusing to get vaccinated does not justify an employee’s termination. This opinion is becoming mainstream as a number of…

Background and Decision A recent decision by Arbitrator Misra held in favor of the union Healthcare, Office and Professional Employees Union, Local 2220. The employer Chartwell Housing Reit introduced a mandatory vaccination policy which included their right to terminate employees who refused to comply. The Arbitrator held that the policy was unreasonable and took the following provisions of the collective agreement between the employer and employee into consideration. The first relevant provision was that an employer must discuss changes with the union prior to making any meaningful change to workplace rules. The second relevant provision was that working conditions, benefits,…