The Wage Earner Protection Program
Several years ago, the federal government made a number of changes affecting Canada’s bankruptcy laws. One of those changes was to implement the Wage Earner Protection Program (WEPP), which came into force in 2008. The Program The purpose of WEPP is to pay up to a maximum of $3,400 to eligible workers, whose bankrupt employer […]
An Employer’s Duty to Report Fatal and Critical Injuries
The Divisional Court of Ontario has issued a “heads up” to employers with respect to their duty to report to the Ministry of Labour when there has been a death or critical injury at the workplace. In essence, the Court has concluded that all fatal and critical injuries to a person, whether a worker or […]
Fixed vs Indefinite
When an employee is hired by an employer, it is usually for an indefinite term. There are, however, many people who are hired on a contract basis with a term of employment that is fixed. While the former are entitled to reasonable notice or payment in lieu should their employment be terminated, the latter are […]
When the Boss is a Bully
When you think of bullying the picture that probably pops up is a big mean kid pushing all the other kids around. But if you think this kind of intimidation happens only in the school yard you would be wrong. In recent years, bullying has been making its presence felt in the workplace. When the […]
Don’t Mess with Employment Standards
Dara Fresco has spent the past 10 years working as a bank teller at more than a dozen branches of CIBC. Ms. Fresco claims that she is routinely required to work two to five extra hours a week without being compensated. By her calculations she is owed about $50,000 in overtime pay. Alison Corless worked […]
Dismissal the Constructive Way
Did you know it is possible to be fired without really being fired?! It’s true. This situation is referred to as constructive dismissal. Traditionally when an employee is wrongfully dismissed, the employer has actually fired the employee without cause and without providing reasonable notice. In the case of constructive dismissal however, the terms of employment […]
Wrongful Dismissal Damages Revisited
Over the past several months, the Supreme Court of Canada has clarified and redefined some important aspects of the law of damages in the context of wrongful dismissal. In the first case, they considered the issue of how damages should be awarded when an employer behaves with bad faith when terminating an employee. Since the […]
Damages for Bad Faith Dismissals
Recently, Canada’s top court clarified and redefined some important aspects of the law of damages in the context of wrongful dismissal. Honda Canada Inc. v. Keays, 2008 SCC 39 is a case that made headlines because of the $500,000 punitive damage award allowed by the trial judge who heard the case. The Facts The case […]
How Far Must an Employee Go to Mitigate?
An employer who decides to terminate the services of an employee, except in cases where there is just cause, must provide the employee with a reasonable notice period or damages in lieu of that notice period. It is not uncommon for an employee to be terminated without having been paid damages by the employer or […]
Legal Changes 2008
Legal Changes 2008 Workers’ Compensation Are you an employer who is required to register with the Workplace Safety & Insurance Board (WSIB) but have failed to do so? If you are, you may be eligible for an amnesty being offered by the WSIB until March 31, 2008. A full amnesty means: o No penalties for […]