change in job duties, constructive dismissal, employment lawyer toronto

Can Employers Change Job Duties in the Workplace?

When applying for a new job, employers will typically provide prospective employees with job descriptions that outline the responsibilities of the position. Sometimes, employees may find themselves without a job description. Instead, some employees may assume duties over time that make up the core of their role. Whether it is written or not, there are certain duties employees may do that are considered a fundamental part of their job. This is true regardless of if these duties were explicitly...

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constructive dismissal, resignation, employment law

Should Employees Resign If They Think They’ve Been Constructively Dismissed?

Termination from employment, whether with or without cause, is typically explicit and undeniable. In light of the COVID-19 pandemic and the impact of the Infectious Disease Emergency Leave regulation passed under the Ontario Employment Standards Act, many employees and employers became acquainted with a less straightforward form of termination known as constructive dismissal. Some employees may have unknowingly been a victim of a constructive dismissal in their lives, and wonder if they they've been constructively dismissed. Some make the innocent...

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refuse to accommodate employee disabilities, employment lawyer

Can Employers Refuse to Accommodate Employee Disabilities?

Under the Ontario Human Rights Code (the “Code”), employers are prohibited from discriminating against employees based on several enumerated grounds. While traditionally discrimination is understood as differential treatment based on the enumerated grounds outlined in the Code, there are forms of discrimination that are less straightforward, and there are instances where employers refuse to accommodate employee disabilities.  Failure To Accommodate Discrimination When an employee discloses a valid human rights need relating to their workplace, an employer is obligated under the Code...

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employees who do not return to the office, employment lawyer toronto

Can Employers Fire Employees Who Do Not Return to the Office?

In Ontario, the number of individuals receiving both doses of the COVID-19 vaccine has been continuously increasing. As such, companies that had previously switched to work from home models have been making the decision to re-open their operations at their physical workplaces. In such an instance, the employer would request its employees to also return to the workplace from working from home. As such, non-unionized employers and employers may have questions regarding whether employers can fire employees who do...

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employment contract, employment lawyer toronto

Top Three Terms To Look For In An Employment Contract

The terms of a written employment contract can have significant consequences on the employment relationship and each party’s legal entitlements. While some of those terms outline legal rights during employment, other terms remain in force even after the employment relationship ends. Not all terms to an employment contract are created equal however – some may result in significant costs or increased risks for employers and employees. The top three terms to look for in an employment contract which have high...

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classified as contractor, employment law

What Happens If An Employee Is Classified As a Contractor?

What happens when a worker is classified as a contractor, when really they are an employee? When it comes to creating a work relationship, parties will typically enter into an employment relationship by way of an employment agreement. This agreement will come with certain terms such as a schedule, fixed hours, fixed compensation, and other standard employment terms. In addition, employees working for provincially regulated employers will receive protection under the Employment Standards Act, 2000, while employees working for federally...

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employment contracts in Ontario, employment lawyer toronto

Employment Contracts in Ontario: What You Need to Know

After recent major precedent setting cases, written employment contracts in Ontario have become the standard when onboarding new employees. Having a written employment agreement is beneficial for both employees and employers as both parties have something tangible to refer to throughout their relationship from the time of onboarding, and if necessary, at the time of termination. Drafting and relying on a written agreement reduces the possibility of expensive litigation. This can be done by implementing certain conditions and terms...

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employment contract, employment lawyer toronto

Working Before Signing an Employment Contract

Employment relationships in Ontario are governed by employment contracts. If there is no written employment contract between an employer and employee, there is a deemed verbal employment agreement at common law.  Whether a written or verbal employment agreement governs an employment relationship can have implications on the terms of employment, including an employee’s termination entitlements and an employer’s express rights such as being able to lawfully layoff an employee.  Some employers allow employees to start working with the understanding the employee...

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sexual harassment in the workplace, employment lawyer toronto

How To Deal With Sexual Harassment In The Workplace

Sexual harassment in the workplace is an issue that employers should not leave unaddressed. According to Ontario's Occupational Health and Safety Act (OHSA), sexual harassment is considered a form of discrimination based on sex. The definition found in the OHRC outlines that an individual sexually harasses another individual when: Engaging in a course of vexatious comment or conduct against a worker, in a workplace, because of sex, sexual orientation, gender identity or gender expression, where the course of comment...

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mandatory vaccination, employment lawyer, employment law

Mandatory Vaccinations In The Workplace

Many workplaces have started to release their official policies regarding mandatory vaccinations. Examples of workplaces that are asking for mandatory vaccinations include institutions such as the University of Toronto, the University of Ottawa as well as government entities like City of Toronto and York Region, among others. This article provides an overview about how employees can navigate returning to the workplace if their employer implements a mandatory vaccine policy. What Are Employers Asking For From Their Employees? As vaccination rates increase...

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