\Accidents happen — but do they justify being fired? In Ontario, simply having a workplace accident is not automatically just cause for dismissal. Employers must prove that your conduct went beyond a mere mistake. Just cause is a high bar, and courts apply a contextual approach to determine whether it’s met. When It’s NOT Just Cause: A one-time error in judgment Simple negligence Honest mistakes When It MAY Be Just Cause: Gross negligence or reckless disregard for safety Deliberate breaches of safety protocols Repeated misconduct, despite prior warnings Dishonesty, such as failing to report the incident Case in Point: In…

Can an employer suspend you without pay? The answer is complicated. In Ontario, the Employment Standards Act (ESA) doesn’t explicitly forbid or authorize unpaid suspensions. But that doesn’t mean employers have free rein. Courts have stepped in to define what’s acceptable, and the message is clear: unpaid suspensions are risky and often amount to constructive dismissal. What the Law Says: Unless your employment contract specifically allows unpaid suspensions, your employer likely has no legal right to impose one. Even with a clause in your contract permitting it, the employer must justify the suspension —especially its unpaid nature. Otherwise, it’s a…

In Ontario, being demoted can amount to constructive dismissal if it significantly changes your role, status, or pay without your consent or a clear contractual basis. Courts will look at whether the demotion undermines the core terms of your job or affects your dignity, status, or future prospects. When It’s Likely Constructive Dismissal: Your responsibilities are significantly reduced Your title or authority is downgraded Your compensation is cut without agreement The new role is humiliating or career-limiting Case Highlights: Blight v. Nokia Products (ONSC 2012): Status and prestige matter — even with the same salary, the employee was constructively dismissed….

If you drive for just one company — even if you’re using your own truck and your own business — the law might say you’re not truly independent. And that means you could have legal rights you didn’t know about. A recent court case from British Columbia is changing how we look at this. And it could affect truckers across Canada — including Ontario. What Happened in the Case A driver named Boris Ursic worked for Country Lumber Ltd. for 14 years. He used his own company, owned his trucks, and even hired some drivers. But he only worked for…

Introduction Being terminated from your job is often a deeply emotional and stressful experience. While it is natural to feel upset or overwhelmed, it’s important to understand that employers are legally bound to treat employees with dignity and fairness during the termination process. Canadian courts have made it clear: how you are dismissed matters. If your employer handles your termination in an unduly harsh or insensitive manner—such as unnecessarily escorting you out the workplace—it could result in legal consequences for them. Summary The legal principle of good faith and fair dealing in employment terminations was established by the Supreme Court…

If you’re working in Ontario—whether in an office, on a job site, or through a gig app—big changes are coming that could affect your rights on the job. New employment rules are rolling out in 2025 and 2026, aimed at closing gaps that have left many workers in the dark or under-protected. From extended sick leave to more honest job ads, here’s what’s new—and how it stacks up against what we had before. 1. More Time to Heal: Sick Leave Extended to 27 Weeks Before: Most workers were only entitled to 3 unpaid sick days under Ontario’s Employment Standards Act…

At De Bousquet PC, we’re in the business of standing up for what’s right. And recently, we did just that in a big way. Meet Cinderella Tenthorey—a hardworking, experienced executive assistant who turned to us when she faced a toxic and discriminatory workplace. What happened next was a victory not just for her, but for anyone who has ever been treated unfairly at work. The Problem: A Workplace Poisoned by Discrimination Imagine this: you start a new job and, within weeks, it becomes clear that the workplace isn’t what it seemed. That’s exactly what happened to Ms. Tenthorey when she…

Is doing a media interview about poor working conditions a health and safety issue? Is your position being eliminated due to restructuring while you are on leave a violation of the law? Most people would confidently say no. They would also be completely wrong. You are on your last month of maternity leave, and your employer contacted you to let you know that due to restructuring, unfortunately, your position has been eliminated. Congratulations, you have suffered a reprisal contrary to the Employment Standards Act, 2000, S.O. 2000, c. 41 (the “ESA”). and should contact a lawyer immediately. You are working…

Harassment or discrimination can feel isolating and overwhelming. It’s not just about tolerating unfair treatment; it’s also about confronting the fear of retaliation and uncertainty about your rights. But let’s be clear: discrimination should have no place in your workplace. Yet, too often than not, we spend most of our lives in spaces that can undermine our rights—be it work, school, or housing. Confronting such issues is daunting, and deciding where to seek justice is critical. Unfortunately, the Human Rights Tribunal of Ontario (HRTO), despite being designed to address discrimination, is increasingly viewed as a failing institution due to its…

Imagine facing discrimination—at work, in housing, or in accessing services—and deciding to stand up for your rights. You file a claim with Ontario’s Human Rights Tribunal (HRTO), expecting justice. But instead of finding a fair and accessible system, you’re thrown into a bureaucratic nightmare where most claims are dismissed before anyone even hears your story. This isn’t just a story of red tape. It’s a story of justice denied. For regular people like you and me, navigating the HRTO is no longer about fairness—it’s about survival in a system that feels designed to push you out. The Numbers Don’t Lie:…

If you have been terminated, often, the first thing you need to decide is whether to accept the termination package presented by your former employer. Some employees are not even aware that they are making this decision by signing their termination letter. Employers will take advantage of this by insisting an employee needs to sign to get anything or claiming that this is the maximum owed under the employment contract.[1] As with everything to do with your employment, the best thing you can do to protect yourself is speak to an employment lawyer before doing anything. The case of Wilds…