When does a change in hours of work constitute a constructive dismissal?

Published on August 30, 2012

In Dechene v. Dr. Khurrum Ashraf Dentistry, an employee who had been employed by a verbal agreement was provided with a proposed new written employment agreement. The employee currently worked 32 hours per week in a part-time position. The new written employment agreement provided that the employer had the right to require the employee to work up to 48 hours in any given week. The language of the agreement provided, “the employee shall recognize the absolute right given to the employe[r] under the Employment Standards Act of Ontario to schedule the employee to work up to 48 hours in any given week”

constructive dismissal,  employment law,  employment standards

Landmark Decision on Certification of ESA Class Actions and Constructive Dismissal

Published on April 25, 2012

Ontario’s Divisional Court has upheld a lower court ruling refusing to certify a class action for statutory notice and severance pay, and in the process provided helpful guidance interpreting an earlier Ontario Court of Appeal decision on constructive dismissal.

class actions,  constructive dismissal,  employment standards

Pay in Lieu of Notice by Salary Continuance Deemed Implicit Right

Published on August 29, 2011

The Ontario Superior Court of Justice recently ruled in Bowes v. Goss Power Products Ltd., that a fairly standard termination provision in an employment contract implied the right to provide pay in lieu of notice by salary continuance.  The employer wanted to rely on this right so as to set off any mitigation by the employee during the notional notice period.

employment law,  employment standards,  wrongful dismissal litigation

You Have and ESA Inspector at the Door!

Published on July 29, 2011

Don’t miss our comprehensive, half-day training seminar at the Sheraton Toronto Airport on Thursday, September 22.  

employment law,  employment standards

Multiple Notice Extensions Invalidated Notice of Termination

Published on July 19, 2011

Over a period of five months, Crown Metal Packaging Canada LP provided Mr. Di Tomaso with five notices of termination, containing four extended termination dates.  Each notice was provided only days before the termination of the notice period in each respective notice.

employment law,  employment standards

New U.S. Labour Department Initiatives to Increase Compliance with Employment Standards

Published on June 15, 2010

The U.S. Labour Department has recently commenced an initiative to require employers to prepare and adopt compliance plans to ensure they do not violate wage, job safety and equal employment laws.  The announcement was accompanied by an expression of the desire by Labour Secretary Seth Harris that his department foster a “culture of compliance” among employers, as opposed to a complaint-driven system in which the employers are “caught” not complying.  The intent is for employers to prepare written plans designed to prevent violations of workplace laws, including plans to address safety hazards in the workplace. 

employment law,  employment standards

Court Certifies Overtime Class Action

Published on March 10, 2010

The Ontario Superior Court of Justice has ruled that representative plaintiff Cindy Fulakwa can proceed with her class action against Scotiabank on behalf of a class of more than 5,000 sales staff who worked in retail branches of Scotiabank from 2000 to the present. 

class actions,  employment law,  employment standards

Employee Entitled to Package Given by Mistake

Published on June 29, 2009

In a case that can only be described as a cautionary tale, an employer was ordered to pay 5 months pay in lieu of notice to an employee to whom it had intended to pay only 3 weeks ESA termination pay.  This case should serve as a reminder to employers to carefully review termination letters before they go to employees.

employment standards

Ministry Announces Safety Blitz Aimed at Young Workers

Published on May 28, 2009

A new month, a new blitz!  In keeping with its practice of conducting new health and safety “blitzes” every month, the Ministry of Labour has announced that its inspectors will be focussing on the protection of young and new workers during the month of June.

employment standards