Employee Rights Blog

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On June 1, 2020, the Ford government introduced amendments to the Employment Standards Act (ESA), the governing statutes that form Ontario’s employment laws. The amendments took the form of O. Reg. 228/20: Infectious Disease Emergency Leave (“IDEL”). IDEL was enacted by the Ontario government as a measure to furlough (e.g. “layoff”) employees who may or may not have contracted COVID-19. The legislation allows employers to continue temporary layoffs for a maximum of 51 and 9/10ths
No matter how much we love our job, there can come a time when an individual is undergoing a mental disability, such as tremendous stress, burnout, anxiety, and depression, and medical leave is both necessary and recommended by a physician. Prior to and in the wake of COVID-19, the mental health crisis has severely increased and Canadian workplaces are riddled with suffering employees. So, what do you do if you are in this position? Can…
As the proverbial dust from the chaotic storm of events caused by the COVID-19 pandemic begins to settle, more and more cases addressing its impact on employee rights are being decided. In Ristanovic v. Corma Inc., and Eliyahu Asafov v Corma Inc., 2021, ONSC 4108, the employee Plaintiffs (who were successfully represented by Jordan Reiner – partner at Lecker & Associates) were awarded 22 months of reasonable notice. Beyond the high damages awarded, the case…
As employment lawyers, we regularly take on cases involving clients who have trouble accessing their employee benefits to get through short-term and long-term illnesses and injuries. Such benefits are administered by third-party private insurers. Claim processes are complicated and applications denied often, leaving ill, injured and disabled individuals to seek out legal services for recourse. For well over 30 years, such cases cause us to decry the lack of a national equivalent program administered…
As COVID-19 vaccines are made available to an increasing segment of the population and vaccine rollout expands, many are excited about the prospects of returning to some semblance of normalcy. For many, this involves a return to the workplace. Accordingly, employees and employers will have to wrestle with the challenge of their legal rights and responsibilities respecting vaccinations. As is the case with hard dilemmas, there are competing interests that are difficult to reconcile. A…
As the COVID-19 Pandemic continues to rage and businesses are once again forced to shutter, more and more employees are finding themselves on the receiving end of a temporary layoff or a termination. For those employees who are placed on a temporary layoff, their job security and prospects of a return are left up in the air, resulting in further stress, anxiety, and insecurity in an already precarious and uncertain time. Fortunately, employees should rest…
This is a very informative wrongful dismissal case that sheds light on the issue of CERB payments vis-à-vis severance, as well as notice entitlements for employees terminated during the pandemic. Plaintiff (Mr. Iriotakis) was successfully represented by our law firm.   Mr. Iriotakis was terminated without cause on March 25, 2020. He was 56 years old at the time of his termination. He began working for Peninsula Employment Services Ltd. (Peninsula) in November 2017 as a…
The human condition is such that anyone can suffer an illness or become disabled at any time.  It can occur suddenly or manifest itself over time. It can impact your life, your employment and in turn, your financial stability. Nobody asks for an illness or disability on purpose. And your employer cannot discriminate against you for something that is beyond your control. That is why Ontario’s Human Rights Code offers employees some protection under these…
Estimated reading time: 6 minutes Should Contract Workers Receive Overtime? | Author: Martel Mikhail, Employment Lawyer By now, almost everyone has used the services of a 3rd party delivery (3PD) platform for a meal delivery from their favourite restaurant. Indeed, the pandemic has made this part and parcel of the daily food experience for millions. Many workers take on this type of work as side-hustles. Some want to pay off debt and others need…
Calculating Severance Pay in Ontario | Co-Authors: Bram Lecker & Simon Pelsmakher, Employment Lawyers Severance Pay Calculations Your employer has just fired you. This is going to impact you financially and without a doubt, you are in for a stressful period ahead. If they offered you a termination package, it is time to take a very close look at the details. These payments represent a financial bridge until you find another job. You must understand…