Labour Pains

By now one might have thought that the issue of whether an employer had the legal right to layoff an employee in the face of the COVID 19 ...

If an employee does not immediately object to being laid off, or “furloughed,” does that mean that the employee has agreed to or condoned ...

If an employee leaves work and refuses to return until certain demands have been met, and if the employer is unwilling to meet those deman...

Does Infectious Disease Emergency Leave under the Employment Standards Act, 2000 , S.O. 2000, c.41 oust the common law of constructive dis...

Can an employee in Ontario sue for constructive dismissal, if the reason the employee was forced to leave employment was because of chron...

It is remarkable how much the law can change in as little as 14 years. In 2005, Justice Kathryn N. Feldman authored reasons for decision...

What sort of consideration is required for an employer to make fundamental changes to the terms of an employee’s employment agreement? I...

Can independent contractors claim damages for constructive dismissal? In a decision released March 7, 2018 by the Ontario Superior Court ...

In the 1997 movie “Wag the Dog” the spin doctors hired to get the President re-elected release an ad campaign with the slogan “ Never chan...

Unless one has been living under a rock, and perhaps even if one has, it would be hard to have missed the controversy surrounding the deci...

(c) istock/Jummie Can an employer breach a rather fundamental element of an employee’s employment contract (to the tune of over $300,000...

The application of the duty to mitigate to the post-termination earnings of wrongfully dismissed employees is probably the most reviled ...

I will start this post by saying that the content of this post will be different from what I usually write. Typically, my posts start wit...

Do the statutory provisions in Ontario's Employment Standards Act, 2000 governing the ways by which an employer may temporarily lay-o...

Under what set of circumstances can a non-unionized employee claim to have been constructively dismissed? In a recent decision from the ...

How can an employer make fundamental changes to an employee’s employment? Sometimes an employer will need to make a fundamental change to ...

Has an employee who is ‘walked to the door’ by his employer been fired or has he simply been subjected to a fundamental change in employme...

Where an employer’s restructuring serves a legitimate business interest and is not merely a pretext for terminating an employee, should t...

How Long Does an Employee Have to Sue for Unpaid Commission Payments? How long does an employee have to sue for unpaid commission payment...

A few weeks ago this blog afforded an opportunity to an individual looking for work in employment law to write a guest blog post. Perhaps no...