Toronto Employment Lawyer | MacLeod Law Firm

Employee Entitlements Upon Termination

MacLeod Law Firm — Fri, 11 Nov 2022 13:59:03 +0000

Termination is a stressful experience for any employee. An employee who has been fired needs to understand what their employer owes them, and what their employer is offering them. When employers do not make this clear, additional damages could be due to the employee. When an employee is terminated, they are entitled to receive certain minimum payments under the Employment Standards Act (ESA).

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Notice of Termination: Appeal Court Weighs in

MacLeod Law Firm — Wed, 09 Nov 2022 17:05:02 +0000

When terminated, an employee should generally receive reasonable notice of termination or pay instead of notice. This is unless the employee has signed a contract that contains an enforceable termination clause (which we’ve written about here). The calculation of the employee’s notice period is based on the specific facts of each employee, such as their position, length of service, age…

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Reducing Litigation Risk

Doug MacLeod — Wed, 02 Nov 2022 14:00:26 +0000

In a recent case, Pohl v. Hudson’s Bay Company, 2022 ONSC 5230 (CanLII),an employer was ordered to pay a long service employee the equivalent of about 3 years pay and contribute about $ 35 000 to his legal fees. Although this was a without cause termination case, it was anything but a simple case. It addressed some of the litigation risk inherent in wrongful dismissal litigation.

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Is Secretly Recording A Workplace Conversation Just Cause for Termination?

Doug MacLeod — Tue, 19 Apr 2022 14:04:41 +0000

More and more employees are secretly recording workplace conversations. Although it not is not a crime to secretly record a workplace conversation if you are a party to it, one judge recently concluded it is just cause for termination. This blog discusses this case. Mercer Celgar Limited Partnership (the “Company”) terminated Mr. Shaligan’s employment without just cause.

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Ontario Government Proposes More Employment Laws

Doug MacLeod — Tue, 22 Mar 2022 04:00:41 +0000

In my last blog, I summarized some new employment laws that the Ontario government passed in December 2021. On February 28, 2022 the Ford government proposed more new employment legislation when it tabled Bill 88. This blog discusses three parts of Bill 88; that is, (i) a new law that would apply to gig workers who are currently mostly unregulated, (ii) a requirement that some employers…

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The Impact of COVID-19 on Wrongful Dismissal

MacLeod Law Firm — Fri, 29 Jan 2021 15:00:49 +0000

With the significant number of terminations that have occurred throughout 2020 due to Covid-19, many employees are asking whether Covid-19 affects their wrongful dismissal rights. We have been waiting for the courts to provide guidance on the impact of Covid-19 on wrongful dismissal cases. A recent decision gave some initial guidance. The Case – Termination before Covid-19 In Yee v Hudson’s…

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Urgent Employer Alert: Have You Had Your Employment Contract Reviewed Lately?

Doug MacLeod — Tue, 19 Jan 2021 15:00:45 +0000

All organizations should have their employment contract reviewed by an employment lawyer every year or two.

COVID in Ontario Workplaces: What is a Gray Zone Anyway?

Doug MacLeod — Thu, 10 Dec 2020 00:07:25 +0000

COVID in Ontario Workplaces: What is a Gray Zone Anyway? On November 20, 2020 the Ontario government announced that certain regions of the province would be moved into different colour-coded zones. Effective November 23rd, restrictions were imposed on the City of Toronto and Peel Region as they were moved into Gray Zone which is a partial lockdown. These restrictions will last least 28 days.

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Judge Refuses to Enforce an Amended Employment Contract

Doug MacLeod — Tue, 20 Oct 2020 12:39:31 +0000

I have written many blogs on the legal enforceability of employment contracts because judges are increasingly refusing to enforce them and I want employers to be live to this issue. Employers should assume that changes to employment contracts that benefit the employer will be challenged. This blog summarizes a recent case which sets out three reasons why an Ontario judge recently refused to…

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Paid Sick Leave? Sort of

MacLeod Law Firm — Tue, 13 Oct 2020 13:46:49 +0000

Paid Sick Leave? Sort of With the numbers of COVID-19 cases rising again, especially in the GTA, many employees are asking me as a Toronto employment lawyer what happens if they become sick and they are forced to stay home for 14 days. Following the end of the Canada Emergency Response Benefit, the federal government introduced three new benefits to address issues related to leave from work…

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