Employment Law Show: Ontario – S10 E145

Episode Summary

Can you be forced to train your replacement? When does a constructive dismissal occur? Employment Lawyer Lior Samfiru, co-managing Partner and national practice leader at Samfiru Tumarkin LLP, answers those questions 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, Sundays at 1 p.m. ET, on Newstalk 1010 in Toronto, as the hosts take calls from listeners and provide vital answers to employees and employers.

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Show Notes

• Employee training a replacement for own job: It is legal for an employer to request an employee to train a future replacement. Employers are permitted to terminate an employee for any reason as long as adequate severance pay is offered. Many employees mistakenly believe that a wrongful dismissal occurs due to the reason for their termination and not what occurs after.
• Possible constructive dismissal for retail employees: A constructive dismissal occurs when an employer changes the basic terms of employment. It is important for employees to determine the initial hours and terms of employment at the start of their new job and whether that has changed with time. Employees should be careful of accepting a temporary change to the terms of employment as it allows an employer to implement future changes.
• Placing an employee on unpaid leave: Employees that are not working and have been put on unpaid leave have been effectively terminated. Termination without cause can occur for any reason as long as severance pay is offered by an employer. Employees do not have to accept unpaid leave and can instead pursue their rights.
• Increased workload not part of a job description: Employers are obligated to pay overtime pay to employees if they have worked over 44 hours a week even if they are salaried employees. Employers cannot refuse to pay overtime. A major change to the terms of an employee’s position, like a dramatic increase in responsibilities, can lead to constructive dismissal.

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