Is Failing to Pay a $329K bonus Constructive Dismissal? In a recent decision, Chapman v. GPM Investment Management, the Court of Appeal for Ontario (ONCA) said no. Facts In this case, the employee’s contract provided for a bonus to be calculated on the company’s...
Are You Entitled to Damages if You are Harassed at Work? The short answer is in some cases yes. Damages under the Ontario Human Rights Code You can obtain damages if you have been harassed because of your race, ancestry, place of origin, colour, ethnic origin,...
What is a Constructive Dismissal? The traditional type of constructive dismissal occurs when an employer makes a unilateral and fundamental change to a term or condition of your employment contract without providing you with reasonable notice of that change. In 2015,...
Can I layoff an employee? Ontario’s Employment Standards Act has a definition of a ‘temporary lay-off’ and provides when a “temporary lay-off” becomes a termination. Some of you may be surprised to learn that just because a layoff is defined as temporary by the...
What is a Layoff? What is a layoff? This question may seem simple to many, but it is not. Employees and employers often misuse the term layoff and the effects can be significant. A True Layoff A true lay off involves a situation where the employee knew in advance...
Show me the money – Is an employer allowed to change your compensation plan? As employees, we expect that our compensation will continue increase with our length of service. However, sometimes that’s not always the case. An employer may be experiencing financial...
Should You See an Employment Lawyer About that Issue? We often receive calls from individuals wondering whether it is worth spending the money to see an employment lawyer. Sometimes this is because the employee has been fired and received a termination letter and the...
Constructive Dismissal: The Bane of An Employment Lawyer’s Existence Constructive Dismissal: The Bane of An Employment Lawyer’s Existence Definition of Constructive Dismissal: The Traditional Definition Until recently, a constructive dismissal was found to take place...