Menu
Call Us Today
416-616-5628
Blog

Employee Awarded Over $479,000 after Employer terminates his fixed-term contract

By 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,…

Read More
Wrongful Dismissal

Can Your Employer Use Their Severance Package Against You in a Wrongful Dismissal Case?

By Employment Law

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…

Read More

Is the right to disconnect a good or bad thing?

By Employment Law

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…

Read More

Law Society of Ontario ending certified specialist program

By Employment Law

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…

Read More

Do Seasonal Employees Have Rights? YES!

By Employment Law

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…

Read More

How the End of the COVID-19 Layoff Period Affects Your Employment

By Employment Law

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…

Read More

Misleading your employee might cost you dearly

By Employment Law

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…

Read More

Jab Or Quit

By Employment Law

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…

Read More

De Bousquet PC upholds employee’s right to 11 months’ pay in lieu of notice

By Employment Law, In Lieu of Payment, Notice Period

Whether it’s getting sick or being stuck indoors all the time, the pandemic has been a stressful time for many people. Add to that being terminated from your job at the peak of the pandemic with no reference letter to boot, and anyone would find themselves in quite the pickle. Unfortunately, this is exactly what happened to one of our clients which recently won his case in Saini v Rosedale Transport Limited.  After 10 years of faithful service with his employer, Mr. Saini was laid off during the 2020 COVID pandemic. Not long after his layoff, he was terminated due…

Read More

You Could Be Entitled to More Than Two Years of Severance Pay

By Uncategorized

When an employee is terminated without cause after working at the company for a long time, they would be entitled to a large severance package under common law. The general formula is one month of pay in lieu of notice for one year of service at the company. However, there is a cap on that value, which is 24 months of pay. This means that if you worked in that company for 30 years or 40 years, the maximum amount you would be entitled to would still be 24 months, as opposed to 30 or 40 months of pay.  However,…

Read More
Employment Law Toronto

Does Refusing to Follow the Vaccine Policy Allow My Employer to Terminate Me for Just Cause?

By Employment Law, Just Cause

Most workplaces have now implemented a COVID-19 vaccination policy that requires their employees to be fully vaccinated and provide proof of vaccination. However, a significant portion of workers has shown resistance to becoming vaccinated. In response, employers have taken various measures to enforce the vaccination policy – one of them being, terminating those who refuse to take the vaccine or disclose their proof of vaccination with just cause.  What is just cause for termination?  Just cause in the employment context means that an employee has done something that gives the employer a right to dismiss the employee immediately. When there…

Read More
Scroll To Top