Discipline and Dismissals - Articles & Videos

We have said it many times before: temporary layoffs are constructive dismissals in almost every (non-unionized) situation. And as far back as March 24, 2020, we warned that the COVID-19 pandemic did not change that.

The recent Court of Appeal decisions of Maynard v. Johnson Controls Canada LP and Nader v. University Health Network suggest that “salary” doesn’t mean base pay alone, and that the employer could be liable for other elements of compensation, including bonus payments.

The Ministry of Labour has its limits. Always consult an employment lawyer so you know you have explored all your options!

It is crucial that any federally regulated employers review their employment agreements as soon as possible to ensure that they meet these new minimum standards.

As we have seen in recent years, many organizations, including the banks, go through regular downsizings that involve mass terminations. What does this mean from an employment law perspective?

A recent decision of the Ontario Court of Appeal is an important reminder of how costly fixed term agreements can be for businesses when they are not used correctly.

Can an employee who discloses a medical issue, or who goes on a medical leave of absence, be dismissed? Contrary to popular belief, the answer is yes. However, to avoid liability, the employer must be able to show that the dismissal was entirely unrelated.

This decision serves as an important reminder for employers to ensure there is a strong and enforceable written employment agreement in place allowing temporary layoffs.

The age old question: can you be fired for what you do off-duty? As is often the case, the answer is “it depends”. You can be, but only in limited circumstances.