Following a Wrongful Termination: Employee’s Duty to Mitigate
- June 11, 2019
- Rahul Soni
- Employee Rights
- Comments are off
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? […]
Read MoreHow can sexual harassment in the workplace lead to constructive dismissal?
- June 3, 2019
- Rahul Soni
- Employee Rights, Harassment
- Comments are off
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 […]
Read MoreThe Significance of The Equal Pay Act Canada. What’s In It For You?
- May 19, 2019
- Rahul Soni
- Employee Rights
- Comments are off
The equal pay act – three simple words that hope to cure decades of income inequality based on gender. For the longest time, ‘equal pay’ symbolized women being paid less than men for the same work. Today, the equal pay act Canada covers a changed social context – and protects men, women and the gender diverse. Make no mistake: equal pay for equal work is still a work in progress. Canada’s ‘Equal Pay for Equal Work’ laws have helped drive […]
Read MoreWhat rights do you have if you are in ‘at will’ employment?
- May 3, 2019
- Rahul Soni
- Employee Rights
- Comments are off
Canada doesn’t have at will employment, right? Then why is that your contract states ‘at will’. And why is it that you just been fired without prior notice. In this article we break down the realities of at will employment Canada workers have to face. If it looks like at will, talks like at will, and behaves like at will – yes, it’s probably at will employment. You’ve read it time and again on the internet, the Employment Standards Act […]
Read MoreAre You Aware of The New Law That Changes The Way Overtime Pay Is Calculated?
- April 16, 2019
- Rahul Soni
- Employee Rights
- Comments are off
Are you ready for the major changes in your overtime pay that Ontario’s got in store for you? The province recently passed a new law in April, bringing significant changes to the Employment Standards Act, 2000. So why does the Toronto Star report that it gives “the green light to employers to demand that workers work more but get paid less”? Eye-catching named, ‘Restoring Ontario’s Competitiveness Act, 2019’, the law brings a raft of changes. Of note are changes to […]
Read MoreConfused About EI For Self Employed? All Your Questions Answered
- April 2, 2019
- Rahul Soni
- Employee Rights, Employment Insurance
- Comments are off
The Employment Insurance (EI) program in Canada provides a valuable safety net for workers in Canada. There is, however, a misconception that only salaried employees can enjoy the protections under this scheme. Simply, self employed individuals can register for EI special benefits as well. It can even be argued that, with greater uncertainties around work, income-replacement that EI provides is more relevant for someone who is self employed. In this article we explain the EI special benefits scheme for the […]
Read MoreCan I Be Dismissed For Insubordination? Learn About What The Canadian Law Says
- March 19, 2019
- Rahul Soni
- Employee Rights
- Comments are off
Trying to find a one-size-fits-all answer for whether you can be fired for insubordination can be a fool’s errand. Just like office interaction can range from cordial to hostile – and everything in between – instances of insubordination can be similarly varied and subjective. Instead, let’s try and answer questions of insubordination with what we do know. If you feel you have been wrongfully or unjustly dismissed, get in touch with an experienced employment lawyer Toronto. What is insubordination Insubordination […]
Read MoreTrying To Understand Maternity Leave, Ontario? Here Is Everything You Need To Know
- March 3, 2019
- Rahul Soni
- Employee Rights, Maternity Leave
- Comments are off
Ontario’s maternity laws try and give new parents the time they need to bond with their newborn or adopted child. In fact, the policies try and make sure both parents get time to spend with their child and child-rearing duties are shared equally. Employers are, of course, free to offer benefits and leave beyond what is prescribed by the province’s rules, but cannot reduce entitlement to maternity leave prescribed under the law. Maternity leave is divided into two broad categories: […]
Read MoreConcerned About a Wrongful Dismissal? Find Out How You Can Contest It
- January 15, 2019
- Rahul Soni
- Employee Rights, Wrongful Dismissal
- Comments are off
“Your services are no longer required!” That’s a statement straight out of every employee’s worst nightmares. If this has been an unwavering cause of distress for you as well, do not fret over the dreadful possibilities. Sit back and analyze the situation thoroughly. We can help. For starters, you need to realize that it’s not just a statement that an employer can use, as per his will, for terminating your employment. Your employer is bound by the Canadian Employment Law, […]
Read MoreLooking to Learn More About Severance Pay? Here Is All That You Need To Know
- January 8, 2019
- Rahul Soni
- Employee Rights, Severance Pay
- Comments are off
Losing a job can be difficult for anyone. However, as daunting as it may be, it is important to know your legal rights so that you don’t end up with the raw end of the deal. One such aspect of job termination is severance pay. By definition, the term refers to the compensation that an employer pays an employee when the employer terminates the employee from the job for no fault of the latter. In Canada, generally all employees, except […]
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