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Covid-19
Covid-19

Read our FAQs about Ontario employment law during the COVID-19 virus

Labour & Employment Lawyers
Labour & Employment Lawyers

We can help employers and employees
with challenges that arise in the workplace.

A layoff still constitutes constructive dismissal at common law even if implemented for COVID-19 related purposes
20 May, 2021
By Arthur Zeilikman

We have stated in former blogs that an employer cannot simply “layoff” an employee (i.e. put the employee’s work on hold) without it being considered a form of constructive dismissal, which would entitle the employee to pay in lieu of notice at common law. An employer can only layoff an employee usually if an employer has an express or implied contractual right to do so. If the employer has such a right, it can only exercise it within the legislated parameters of the Employment Standards Act, 2000 (“ESA”).

Employers Owe Vacation Pay on Commissions and Bonuses
31 Mar, 2021
By Jennifer Zeilikman

Sometimes an employer will calculate vacation pay based only on the employee’s salary rather than including the salary and any bonus or commission payments.  This is important for the employee as sometimes bonuses and commission payments can make up a substantial part of the employee’s income.  However, some jobs may be exempt from paying vacation with pay.  Ontario’s Employment Standards Act, 2000 (“ESA”) sets out provisions with respect to how and in what amounts an employee is entitled to vacation pay.

A factor that may increase the reasonable notice period that many employers may find surprising
23 Mar, 2021
By Jennifer Zeilikman

Many factors can increase an employee’s reasonable notice period upon dismissal from their job.  For instance, factors such as age, nature of the job, how long they worked there and what experience, training or qualifications they may have. However, the list as set out above is not the end of the story. There are additional factors that can come into play. One novel factor may be the COVID-19 pandemic.  Another factor that sometimes people do not readily think about when assessing the length of a reasonable notice period is pregnancy.

There is a New Tort in Ontario
16 Mar, 2021
By Jennifer Zeilikman

The Ontario Superior Court has recently released the decision of Caplan v. Atas, 2021 ONSC 670.  This is a significant decision that influences all areas of law including employment law.

Age in the Workplace
09 Mar, 2021
By Jennifer Zeilikman

Employers in Ontario cannot discriminate against employees because of age.  This is because age is a protected ground under the Human Rights Code, 1990 (“Code”) and if an employer acts in a way that infringes the Code it could face serious legal consequences as a result. Both the young and old may experience age-related discrimination.

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Arthur Zeilikman
Arthur Zeilikman

Arthur Zeilikman holds a B.A. (Honours) in History from York University, a Master of Arts in Political Science from the University of Toronto and a Juris Doctor from the University of Ottawa, Faculty of Law.

Jennifer Zeilikman
Jennifer Zeilikman

Jennifer Zeilikman is Zeilikman Law’s managing counsel. She earned her law degree at Osgoode Hall Law School and was called to the Bar in June 2010.

Dennis Ovsyannikov
Dennis Ovsyannikov

Dennis Ovsyannikov obtained a B.A. (Honours) in History from York University (graduating with highest honour) and a J.D. from the University of Ottawa, Faculty of Law.