Employment Law Show 640 Toronto – S10 E21

Episode Summary

Pay reductions and increases, maternity leave terminations, statutory pay, and more on Season 10 Episode 21 of the Employment Law Show on Global News Radio 640 Toronto.

Listen below as Toronto Employment Lawyer and Partner Stan Fainzilberg, Associate at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto and the GTA on the Employment Law Show. Stan shatters myths and misconceptions about severance pay, terminations without and for cause, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, independent contractors, temporary layoffs and more.

Listen to the Episode

Episode Notes

The Ontario government has introduced legislation that would provide provisions such as a minimum wage for workers who work through apps.

The Working for Worker’s Act 2022 legislation is important as it would prevent app-based platforms such as Uber from withholding money from their drivers and workers as well as provide a minimum wage in Ontario. Operators are also permitted to see how their wages are being calculated and what information digital platforms are tracking while they are actively working.

I’m an employer that had to increase the price of products significantly last year. Do I have to also increase the wages of the installers I employ for these products?

Employers have to be concerned with wage decreases despite a commission-based payment structure. Employers cannot impose significant pay reductions on their employees without their consent and a reduction can lead to c. Employers who are wary of pay increases can include provisions in their employment agreements.

My wife was given notice of termination while on maternity leave. What is she owed and can they do this?

Employees are owed severance pay upon termination based on a number of factors including their age, length of employment as well as their position. A determining factor for severance pay can also be the likelihood of finding future employment and how difficult that will be for the employee. Employees on maternity or parental leave also cannot be penalized for taking leave and if termination does occur, it cannot be in any way related to the leave. Terminating or penalizing employees for taking parental or maternity leave is considered a human rights violation.

I own a temp agency and hire a lot of contractors as I don’t have enough work for full-time employees. What can I do to ensure I don’t get in trouble with the labour board?

Many employers are unaware that they themselves do not determine whether or not an employee is an independent contractor or an employee. Employees are often misclassified despite a lack of control over their own positions, such as their pay, clientele, hours, etc. Employers should be wary of misclassifying workers and should speak to an employment lawyer in order to protect their interests and foresee potential liabilities.

Can my employer still ask me about my vaccination status or is this private medical information?

The Ontario government and human rights commission has stated that they do not consider vaccination status requests to be a violation of one’s human rights. Ultimately most authorities have permitted employers to ask employees this information however this information must not be used outside of the workplace.

Can I take legal action if my employer forces me to take the vaccine and I have a bad reaction?

Employers are following public health guidelines and public health has stated that the vaccine is deemed safe. The manufacturers of the vaccines would feel potentially be liable regarding the vaccines, not employers. Any adverse reaction in regards to the vaccine would be remedied by Ontario’s healthcare system and treatment is largely free of cost so an employee would not incur any financial damages.

I’ve missed a few months of work due largely to medical reasons. My employer was aware of this yet now is terminating me for excessive absenteeism. Is this legal?

Employers cannot terminate or penalize employees due to medical reasons or for taking medical leave as long as an employee has their doctor’s support. Employers cannot terminate employees due to illness or injury as it is considered a human rights violation.

Can my employer make my employer work on  Saturday for free to make up for a statutory holiday?

The purpose of a statutory holiday is to give employees and all workers a break and employees cannot be forced to make up for that holiday. This is considered a violation of the ESA and employees are within their rights to file a complaint with the Ministry of Labour.

I work for a large retailer and my employer is forcing me to get vaccinated despite the fact that customers do not have to be vaccinated. How is this right?

Employers have to implement reasonable policies in regard to employees’ health and safety. Employees who are unsure of their rights or next steps should contact an employment lawyer.

I’m in a mutually consensual relationship with a colleague at work. Can I be terminated for cause because of this relationship?

Ultimately the dynamic of the working relationship will determine the consequences of the relationship. Employees should be honest about the nature of their relationship with their superiors and there are no imbalances in power.