Common Employment Law terms and why they’re important | Employment Law Show TV – S5 E19

Episode Summary

COMMON EMPLOYMENT LAW TERMS & WHY THEY’RE IMPORTANT, terminated due to business slowdown, reducing hours, and more on Season 5 Episode 19 of the Employment Law Show with employment lawyer Lior Samfiru, Partner at Samfiru Tumarkin LLP.

Watch above to discover your workplace rights and learn everything you need to know about employment law in Ontario, British Columbia, and Alberta, on the only employment law show on both TV and radio in Canada.

Episode Notes

My employer refused to pay overtime hours

I’d worked a lot of overtime over the past few months. I submitted my overtime hours to my employer but was given the runaround. I was finally told my OT hours were not approved. What do I do?

If an employee works overtime hours, their employer is obligated to pay the employee for the OT. Refusing to pay OT or any compensation that is owed is illegal and can lead to a constructive dismissal.

Segment starts at 2:42

CALL: Terminated due to slowdown in business

I was just fired due to a slowdown in business after 9 years with the company. I had actually worked for them from 1998 to 2006 before resigning and was rehired in 2012 as a manager. How should my severance be calculated?

An employee is credited to previous years served if they are not treated as a new employee. However, if an employer rehires an employee and implements a probation period, or imposes other regulations that imply they are a new employee, the previous years are not credited towards a future severance entitlement.

Segment starts at 6:30

Fired for cause breach of code of conduct

I was an employee at a bank for 3 years before being unexpectedly fired with cause for a small breach of their code of conduct. It related to how I accessed files, though I was never made aware of the specific protocol at any point in my employment. I can’t get severance or EI because of this. Is there anything I can do?

It is very difficult to terminate for cause. Often, employers assume they have cause to terminate an employee when in reality they do not. If an employee breaches code of conduct, it does not necessarily mean this is cause for termination, and can still be owed severance.

Segment starts at 9:54

Common Employment Law terms (and why they’re important)

1️⃣ Pay in Lieu of Notice

Pay in lieu of notice refers to the amount of compensation an employee is owed if they lose their job.

Segment begins at 14:11

2️⃣ Working Notice / Notice Period

Employers will give an employee advance notice of termination (working notice) in order to lessen the amount of severance owed.

Segment begins at 15:16

3️⃣ Wrongful Dismissal

Wrongful dismissal refers to an inadequate amount of severance offered to an employee upon the termination of an employee.

Segment begins at 16:32

4️⃣ Constructive Dismissal

A constructive dismissal refers to an employee’s resignation that is treated as a termination due to a significant change in the terms of employment, workplace harassment, etc.

Segment begins at 17:54

5️⃣ Common Law

The common law system is a series of standards that courts have established over time. Common law is particularly significant in regards to severance entitlements.

Segment begins at 19:09

6️⃣ Without Cause

A termination without cause occurs when an employee is let go for no particular reason. Employees let go without cause must be offered severance.

Segment begins at 20:30

7️⃣ With Cause / Just Cause / For Cause

A termination for cause, or with cause, is particularly difficult to prove and is reserved for employees who have committed a serious offence.

Segment begins at 21:20

8️⃣ Dependent Contractor

A dependent contractor is not an employee but as they work closely with a sole company, they are treated similarly to an employee in regards to severance.

Segment begins at 22:10

CALL: Request to reduce hours due to medical condition

I want to ask my employer to reduce my work week due to a medical condition, as recommended by my doctor. I have worked full-time at the company for 11 years. Can they refuse my request and fire me?

Employers have a duty to accommodate an employee with a medical condition who has their doctor’s support. An employee’s doctor should provide an employer with recommended accommodations.

Segment starts at 23:18

CALL: Aggressive behaviour from employer

My boss has been very aggressive with me since he hired me 3 years ago. I am an older employee with highly specialized engineering knowledge. If he ever decided to fire me, would I be able to get fair severance?

Employers are permitted to let an employee go for any reason, but still, have to pay their employee severance entitlements. Short-service employees are still entitled to severance pay.

Segment starts at 25:52

NEXT EPISODE: Employment Law Show S5 E20 – Wrongful Dismissal Fast Facts

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