Employment Law Show 640 Toronto – S9 E47

Episode Summary

Long-term employee severance, contract expirations, layoffs, and more on Season 9 Episode 47 of the Employment Law Show on Global News Radio 640 Toronto.

Listen below as Employment Lawyer Lior Samfiru, Partner at Samfiru Tumarkin LLP, reveals your workplace rights in Toronto, the GTA, Hamilton, London, and across Ontario on the Employment Law Show. Lior 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

A recent court decision regarding COVID-19 layoffs determined that employees can treat their layoff as a termination.

Despite the pandemic, employees can still treat the layoff as termination and pursue their severance entitlements, Employees do not have to accept the layoff or wait to be recalled to work.

After 3 weeks I was told I’d abandoned my job as my employer could not contact me. After contacting the Ministry of Labour, my employer is offering 3 weeks severance.

Employees who have a legitimate medical condition and their doctor’s approval, cannot be considered to have abandoned their job. The Ministry of Labour can only advise individuals on their minimum entitlements and not their full severance entitlements.

I was being harassed by my supervisor at work and had to take a leave. While on leave, I informed my employer of my concerns. My employer has not rectified the solution. What do I do?

Employers have an obligation to investigate claims of harassment and abuse in their workplaces. Employees who feel their employers have not adequately dealt with allegations of harassment can leave their positions; this is considered a constructive dismissal.

Learn More
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I’ve been laid off for over a year and have worked at my employer for 15 years. I’m in sales. Am I still entitled to a commission from accounts while on layoff?

If another employee is serving accounts they are entitled to the commission and not the previous employee. It is important to note that an employee who has been laid off can treat the layoff as termination and pursue their severance entitlements. Employees who have been recalled are owed back pay for the period of time they were laid off.

Learn More
Temporary Layoffs

What is a common constructive dismissal situation?

A classic example of constructive dismissal is if an employee’s hours or compensation have been significantly reduced and without their consent. Employees do not have to accept significant changes by their employer.

A memo was sent saying if employees are not wearing a mask they will be sent home without pay. Can they do this?

Employees cannot be suspended without pay, particularly due to an isolated incident. Suspensions have to be paid and typically a suspension is the first step before termination for employers.

My daughter’s contract ended and she went on E.I. She was hired back under a new contract. Can they do this?

Individuals do not have to accept a new contract and can negotiate terms. Employers are not legally obligated to offer full-time employment to an employee who was hired on a contract position.

My friend was employed for over 29 years and obtained employment through a disability program. Due to COVID-19, he was terminated and he was offered $15,000. Is this right?

Long-term employees are often owed the maximum amount of severance entitlements, due to their age and length of service. Employees should not agree or sign a termination release without contacting an employment lawyer as the amount of severance owed is typically not accurate.

Is workplace harassment a type of constructive dismissal?

An employer has an obligation to ensure the workplace is safe and healthy for all employees. If there are allegations of harassment, an employer has an obligation to investigate the incidents and resolve the issue. A failure to rectify the solution can lead to a constructive dismissal.