Employment Law Show 640 Toronto – S9 E41

Episode Summary

Wrongful dismissal, reduced hours, new contracts and more on Season 9 Episode 41 of the Employment Law Show on Global News Radio 640 Toronto.

Listen below as an employment lawyer at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto and the GTA on the Employment Law Show. He shatters myths and misconceptions about severance pay, terminations, workplace harassment, overtime pay, wrongful dismissal, constructive dismissal, duty to accommodate, independent contractors, and more.

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Episode Notes

In the case of the Mattamy Homes incident, who is ultimately responsible?

The subcontractors were employees of Nelmar Dry Wall and their termination was determined by Nelmar. Nelmar has not clarified if the subcontractors were terminated for cause. It is typically difficult to prove termination for cause as the conduct exhibited by the employee would have to be significant.

What is a wrongful dismissal?

A wrongful dismissal occurs when an employee is terminated and is not offered the appropriate amount of severance pay by their former employer.

Are wrongful dismissals common?

Wrongful dismissals are very common as employers are often unaware of what they owe their former employees. Salary is a factor that has to be considered in a severance entitlement as well as commission, vacation pay, bonuses, etc.

LEARN MORE
Wrongful dismissals in Ontario

Do only non-unionized employees receive severance entitlements?

Unionized employees must speak with their union representatives regarding their employee rights and entitlements.

My friends work in an LTC home in the kitchen. Their supervisor hired someone and has cut their hours as he said he had no budget. He says as they’re part-time they have no rights.

A significant reduction in hours and schedule that is not consented to by an employee in Ontario can be considered a reason to pursue a constructive dismissal. Employees who are part-time should look closely at their employment agreements and determine what they have consented to.

What do employees do if they feel they have been wrongfully dismissed?

Employees who have recently been terminated should not sign a termination release or severance offer without seeking legal advice.

I’ve worked in the same company for 13 years and in the same role with no raise. New hires are paid more than I am currently. Is this fair?

Employers are not obligated to increase an employee’s compensation despite the years of service. Employees should properly communicate their concerns with their employers.

Why are employment agreements important?

Employment contracts are important to employers as they often protect an employer’s rights and limit employee rights.

My employer’s customer database is being sold to a new company. We’ve been told to contact the new owner and no mention of severance. What do I do?

If a new owner has not offered previous employees employment, employees can choose to treat the sale as a termination and pursue severance entitlements.

What should employees look for when signing an employment agreement?

Employees should contact an employment lawyer before signing a new employment agreement. Contracts often include stipulations that can limit an employee’s severance entitlements, such as a termination clause.

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Employment Law Show: Employment Contracts during COVID-19