Employment Law Show: Ontario – S11 E65

Episode Summary

Can an employer provide a false performance review? Employment Lawyer Mackenzie Irwin, Associate at Samfiru Tumarkin LLP answers this question and more on the Employment Law Show. 

LISTEN BELOW to Ontario’s premiere radio show about employment law and workplace rights featuring the province’s leading employment lawyers. You can catch the show on Saturdays and Sundays on 640 Toronto, Newstalk 580 CFRA in Ottawa, and 900 CHML in Hamilton as the hosts take calls from listeners and provide vital answers to employees and employers. 

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Show Notes

• Recalled back to the office: Many employees have been recalled back to the office by their employers. Employees should look closely at the terms of their employment contract and the language when they were hired. Employees do not have an automatic right to work from home unless specifically hired under those terms. Depending on how long employees have been working remotely, their employers do have to provide advanced notice about a return to the office.
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• False performance review: Employers are within their rights to place employees on a performance plan or offer performance critique. Reviews must be honest and legitimate. Employees that feel criticism is not accurate or false should voice their dissent in writing. Performance plans and negative reviews are often used to build a case against an employee for a future termination for cause.
• Company moves to a new location: Employers do not have the ability to make major changes to an employee’s job without consent. A significant change can be a reduction in pay, demotion, change in schedule, etc. Employees will have to determine whether or not a relocation impacts their commute to work in a major or minor way. A dramatic increase in commute time can lead to constructive dismissal.
• Fired for taking a medical leave: Many employers mistakenly believe they are able to terminate an employee while on medical leave. Medical leave is considered a job-protected leave of absence. Terminating an employee due to an illness or disability is illegal and a possible human rights violation. Employers must accommodate an employee’s medical leave up until the point of undue hardship if it is supported by a doctor.

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