employment contracts in ontario, workplace lawyers

Employment Contracts in Ontario

What is an Employment Contract in Ontario?  An employment contract is an agreement between a worker and his/her employer that outlines the terms of employment. An employment contract may be verbal or written, and there is significant flexibility in its terms.  However, there are certain minimum requirements that the terms of an employment contract must meet. For instance, an employment contract cannot contract out of legislated standards such as those in Ontario’s Employment Standards Act (“ESA”). What Are the Different Types of...

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termination without cause, workplace lawyers Ontario

Termination Without Cause in Ontario: What You Need to Know

Whether you are an employee losing your job, or an employer having to terminate an employee, it is not a pleasant experience for those involved. What can be even more confusing for employees is when they are terminated without cause. Read on to understand what this means and what you may be entitled to in such a situation. What Is a Termination Without Cause? In Ontario, an employer has the right to terminate an employee if it decides it no...

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temporary layoff in ontario, termination, workplace lawyers

Everything you Need to Know About Temporary Layoff in Ontario

During the COVID-19 pandemic, we received countless questions from employers and employees about temporary layoffs in Ontario. The Ontario government also amended the Employment Standards Act (“ESA”) to address some of the new challenges arising from the pandemic. Below are some of the most frequent questions we receive about temporary layoffs in Ontario. What is a Temporary Layoff in Ontario? A temporary layoff in Ontario is where an employer stops the employee’s work (or reduces his/her hours significantly) without ending...

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non-compete clause, employment law, workplace lawyers

Non-Compete Clause in Ontario

What is a Non-Compete Clause? A non-compete clause in Ontario is often referred to as a “restrictive covenant” that is built into an employment agreement – where it restricts certain actions of an employee once the employment relationship comes to an end. A non-compete clause is typically used where the employer is attempting to prevent actions that may harm the employer’s business – such as not opening up, or entering into, a competing business, within a particular geographical region for some...

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job abandonment, absence, tardiness, employment lawyers

Job Abandonment Ontario: Being Absent, or Late

Job abandonment refers to a situation where an employee stops showing up to work as expected, without approval from the employer. In these situations, the employer may conclude that the employee abandoned their position. But not all situations where an employee disappears or is tardy amount to job abandonment. What is the Legal Test for Job Abandonment? In Nagpal v. IBM Canada Ltd., 2019 ONSC 4547, the legal test for job abandonment was summarized as follows: Do the statements or actions...

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employment law, labour law, employment lawyers, labour lawyers

What Is The Difference Between Labour Law and Employment Law?

At Achkar Law, we have expertise in a range of legal matters including employment law, labour law, and human rights law. However, not all lawyers who practice employment law also practice labour law. So, what is the difference between labour law and employment law in Ontario? What Is Employment Law in Ontario? Employment law broadly covers a range of workplace matters between the employer and an employee. Employment law deals with non-unionized employees, so the focus is on the relationship between...

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employee burnout, workplace stress, employment lawyers

Avoiding Employee Burnout In the Workplace

The past year had a significant impact on how and where people work. With the increase of jobs going remote, the lines between work and home are becoming more blurred. But what impact does this have on employee burnout in the workplace? How do we ensure that 2021 is a better year than the last, while ensuring employees are both productive, healthy, and fulfilled? What is Employee Burnout? Burnout may seem like a casual term used in the workplace but it has...

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access to justice in ontario, employment lawyers, labour lawyer

Improving Access to Justice in Ontario

Most people do not contemplate hiring a lawyer until they are faced with a pressing legal issue. Yet many fundamental aspects of our lives are a stone’s throw away from involving us in the legal system. For example, a troubled marriage, a car accident, or termination from work. Unfortunately, for many individuals, access to a private lawyer is not an affordable option. This reality, paired with the increasing complexity of our justice system, contributes to the issue of inadequate...

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employment insurance, resignation, quit

What Happens to Employment Insurance When You Quit?

The Canadian government offers regular employment insurance benefits, better known as EI, to people who are out of work. EI in Ontario provides temporary payments to people who meet certain conditions. But what happens to employment insurance when you quit? If you were terminated from your job with cause, or if you quit your job, you are generally not entitled to EI benefits. Conditions to Qualify for Employment Insurance  To be eligible for EI in Ontario, you must meet certain conditions,...

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constructive dismissal, fixed-term contract, employment lawyer, wrongful dismissal, damages

The Dangers of Cancelling a Fixed-Term Contract Early

While most employees can be terminated and provided with the appropriate termination notice or pay-in-lieu, different rules apply to fixed-term employees. This article provides an analysis of McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), 2019 ONSC 4108, and outlines the dangers associated with cancelling a fixed-term employment contract early. About one year ago, the Ontario Superior Court of Justice awarded an employee $1.27 million after he was constructively dismissed almost 1 year into his 10-year fixed-term contract. Recently, the Ontario...

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