Employment Law Show 640 Toronto – S9 E12

Episode Summary

Terminations during the pandemic, refusal to accommodate childcare needs, no overtime pay, and more on Season 9 Episode 12 of the Employment Law Show on Global News Radio 640 Toronto.

Listen below as 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, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, independent contractors, and more.

Listen to the Episode

Episode Notes

The Canadian Recovery Sickness Benefit is a program created to help employees during the pandemic.

The Canada Recovery Sickness Benefit was created in order to aid employees who feel they have COVID-19 symptoms to take a sick leave from work and are paid $500 per week.

My employer wants employees to sign a new contract that negates my vacation pay from last year. Is this allowed?

Every employee is entitled to vacation or vacation pay. A complaint can be made to the Ministry of Labour for unpaid wages however signing new contracts should not be conducted without consulting an employment lawyer in order to ensure an employee’s rights are being restricted.

Are non-competition clauses enforceable?

Generally, non-competition clauses are not enforceable however it is important to note if the non-compete is tailored to a specific region, the time period, and how reasonable it is.

My daughter was on medical leave and when she returned she was reprimanded for seemingly no reason. She’s now uncomfortable at work. Is she eligible to extend her leave?

If an employee has a medical condition and has the doctor’s support, they can continue to be on medical leave. It is also important to check if there is a disability policy or coverage through an employer.

Does the time during a layoff count towards my years of service with a company?

A layoff or leave of absence does not constitute a break in employment with a company. This is important to remember in calculating a possible severance in the future.

My son needs help taking care of his children but my employer is not allowing me to take any time off this year. Can they do that?

The Infectious Disease Emergency Leave states there is an exception for employees who need to take care of children or grandchildren. An employer in this situation would have to let an employee take a leave of absence in order to facilitate childcare.

Is my employer allowed to terminate my employment during the pandemic?

An employer can terminate an employee for any reason as long as it does not pertain to a leave of absence and it is a termination that would happen regardless.

I’m on disability leave and there appears to be a percentage of RSP that my employer isn’t allowing me to withdraw. Is this right?

Generally, an RSP is not administered by the employer but by the insurance company and whoever administers it. The specific terms of the plan would have to be looked at.

I work for an essential service but I have a medical condition that puts me at risk. is there any benefit to taking a leave of absence and how would I do that?

An insurance policy could detail what leave can be taken as well as the benefits available along with a doctor’s support. If there is no insurance coverage offered, applying for employment insurance would also be beneficial.

I signed a two-year contract but was let go after five months with one-week severance offered. Is there anything I can do?

If there is no termination clause in the employment contract or the clause itself is not enforceable the employee would be eligible to receive the complete balance of the contract.

I’m on unemployment insurance but it will run out soon. Is there any way that I can be transferred to the CRB program?

Part of the criteria for the Canada Recovery Benefit is that an individual is not eligible to receive employment insurance.

My brother has banked many hours of overtime but his employer is telling him to take time off in lieu of pay. Can he fight this?

An employer can establish a policy of time in lieu but it has to be approved of and consented to before the overtime hours have been worked.

Can I be terminated while on disability leave?

An employee can be terminated while on disability leave as long as the termination is not due to the leave itself.