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Demystifying ‘employee misconduct’

The trouble with trying to explain ‘employee misconduct’ is simple: few people actually understand what misconduct is. Is an inability to complete all your work during the day misconduct? Is sending poorly vetted contracts misconduct? Is being verbally abusive to your colleagues misconduct? Is it misconduct if someone hurls abuse or hits a co-worker? In common parlance, yes, they are all misconduct. But they are all significantly different in terms of seriousness of misconduct. Also, since people gauge the seriousness […]

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soni blog long term disability termination

Can an Employee Receiving Long Term Disability Benefits be Fired?

This article covers one of the most sensitive subjects in employment. Terminating an employee receiving long term disability benefits is a very delicate topic. It is unfair for the employee if their employer shows apathy; for an employer insurance payments can amount to hundreds, if not thousands, of dollars per month. Let’s break down some realities of long term disability in Ontario from the point of view of employers and employees: The employee needs time to recuperate and recover He […]

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soni blog severance pay ontario

Work in Ontario? Your Severance Pay May Have Just Taken a Hit

Think your severance pay is limited to the 26 weeks’ cap laid down by the Employment Standards Act? Think again. Severance pay has proven to be an extremely subjective area of employment law. A recent case decided by the Court of Appeal for Ontario may have just pared back courts’ increasingly generous severance awards. This article will discuss how your entitlement to severance pay in Ontario may have taken a hit. Read on to understand Courts’ approach to reasonable notice […]

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Can Facebook Ads (Accidentally) Fall Foul of Employment Discrimination in Hiring

Facebook is finding itself at the centre of a furore about enabling discrimination in hiring. Allegations that its ad platform lets employers exclude people from recruitment processes have rocked not just Facebook but the wider digital recruitment space. Facebook’s job advertising platform is being accused of enabling age and gender discrimination The matter came to light when an application for a class action lawsuit against Facebook and Facebook Canada was filed. Its basis: the Facebook ads platform allows companies to […]

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Resignation Letter Can be Taken Back Else Wrongful Dismissal Ontario Court of Appeal Says

‘Can I take back my resignation letter?’ That’s been a question for the ages for both employees and employers in Ontario. Over the years Ontario courts have tried to forge a path of certainty, however, resignation remains a subjective part of employment law Ontario. Typically, to asses if a resignation can be withdrawn two aspects of the resignation are looked at: Was resignation clear and unequivocal? Did the employer rely on resignation to its detriment? Seemingly, the Court of Appeal […]

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soni blog workplace harassment

Don’t Wait! You Have to Stop Workplace Harassment Now

Workplace harassment has been recognized as a serious concern by the government. In fact, the Ontario Occupational Health and Safety Act mandates that employers must investigate suspected harassment. And no wonder, Statistics Canada’s figures of 19% of women and 13% of men experiencing workplace harassment in the past year make for worrying reading. Especially since harassment takes such an emotional and mental toll on a person. Not only is harassment in the workplace unacceptable, it stops you from building a […]

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soni blog wrongful dismissal

Know Your Rights: 5 Examples to Help You Understand Wrongful Dismissal

Wrongful dismissal, oftentimes referred to as unfair dismissal, is an area of employment law that is not readily understood. There are many reasons for this. While it sounds obvious, not every termination matter involves a wrongful dismissal element. Also, many people don’t appreciate that they are probably due better terms of termination than they have been offered. If that’s the case, then how do you know if you have been wrongfully dismissed? What is wrongful dismissal? Your ex-employer can fall […]

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soni law blog stress leave

How to ask for stress leave from your doctor? A break may be better than burnout

One in five Canadians experiences mental health problems every year according to the Mental Health Commission of Canada. And workplace stress is one of the biggest contributors to this statistic. Did you know 1 in 4 Canadians leaves his/ her job because of stress? Still more consider quitting due to stress. Workplace stress has to be expected to some level, any reasonable person would say. After all, deadlines, performance targets and responsibility will all cause stress. However, sustained or undue […]

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wrongful termination

Following a Wrongful Termination: Employee’s Duty to Mitigate

To the Employee,  A sudden termination or dismissal is probably your worst nightmare. “Why did I get fired? What do I do now?” You may feel frustrated. You may wish to seek legal advice. You may want to go to Court. While this is your personal choice, your responsibilities do not end at the notice of termination, nor does it end at filing papers for Court. You must mitigate your situation with all reasonable efforts. What does this mean though? […]

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How can sexual harassment in the workplace lead to constructive dismissal?

A recent decision of the Ontario Court of Appeal has shed light on “re-victimization” those who have suffered sexual harassment in the workplace. It is a shocking tale of a company that fired, and then re-hired, a man against whom there were credible sexual harassment complaints. This case, Colistro v Tbaytel, raises a number of interesting questions. What’s more, it brings some much needed empathy for victims of sexual harassment. And it shows how flexibly constructive dismissal laws can be […]

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