Employment Law Show: Ontario – S10 E137
Episode Summary
Can you be brought back to your job at a lower wage? Employment Lawyer Lior Samfiru, co-managing Partner and national practice leader at Samfiru Tumarkin LLP, answers this question and more on the Employment Law Show.
LISTEN BELOW to Ontario’s premiere radio show about employment law and workplace rights featuring the province’s leading employment lawyers. You can hear the show live on Mondays to Thursdays at 640 Toronto and 980 CFPL in London at 6:30 p.m. ET, as the hosts take calls from listeners and provide vital answers to employees and employers.
Listen to the Episode
Show Notes
- Put on an unpaid leave of absence due to vaccination status: While some employees choose to treat their unpaid leave of absence as a termination and pursue severance, some do not and wait to be recalled to work. Employees who are eventually called back to work must be given the same position they had previously. A dramatic change in pay or scheduling, job duties, etc., can lead to constructive dismissal.
- Employer lets contract employee go before becoming full-time: Employers are within their rights to terminate employees for any reason, as long as it is not discriminatory and adequate severance pay is offered.
- Terminating an employee as a result of disability leave: Employers cannot penalize or terminate an employee as a result of illness, injury, or taking disability leave. Letting an employee go, even with severance pay, as a result of a disability is considered a human rights violation.
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