The Tort of Harassment Does Not Exist in Ontario
This legal saga which started almost 12 years ago, demonstrates the legal uncertainty that is associated with employment litigation in Ontario.
How to Quantify Damages for a Union Employee When Reinstatement is Inappropriate
An arbitrator who upholds a grievance can reinstate the employee, or order the employer to pay the employee damages. In a 2018 arbitration case, Arbitrator Surdykowksi decided how to calculate damages for an employee who was not reinstated. Facts Dr. Bernard was a...Employment Contracts: They Should Keep Giving and Giving
Employment Contracts: They Should Keep Giving and Giving I trumpet the benefits of employment contracts every chance I get. I often write and speak about these benefits. Two Case Studies In the last two weeks, I received calls from two clients who benefitted from an...Severance Pay Calculation Under Employment Standards Act based on Ontario Payroll says OLRB
Under section 64 of the Employment Standards Act (“ESA”), an employee with five years’ service is entitled to one week severance pay for each year of service (to a maximum of 26 weeks) in addition to notice of termination if “the employer has a payroll of $2.5 million...Are Managers Entitled to Overtime Pay?
Many employees and employers believe that overtime pay is included in a person’s salary. This is incorrect for the vast majority of salaried employees
Judge Awards Employee 30 Months’ Termination Pay
If your employment is terminated after more than 30 years service, then you may be entitled to at least 30 months’ termination pay.
Arbitration Update: Employee with an Addiction Who Stole Narcotics is Reinstated
A Nurse terminated for stealing narcotics was ordered reinstated to her job at a nursing home and awarded compensation because she had a disability.
Wrongful Dismissal: All You Wanted to Know But Were Afraid to Ask
If an employer does not provide you with adequate notice of termination, or pay instead of notice, then you have been wrongfully dismissed.