Employment Law Show: Ontario – S10 E80

Episode Summary

Employment Lawyer Chris Justice, Associate at Samfiru Tumarkin LLP, discusses three key things to look out for in an employment contract, and more on this episode of 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 catch the show on Saturdays and Sundays on 640 Toronto, Newstalk 580 CFRA in Ottawa, and 900 CHML in Hamilton as the hosts take calls from listeners and provide vital answers to employees and employers. 

Listen to the Episode

Show Notes

• Employer faces punitive damages: Chris discusses a situation in which an employer is forced to pay their employee punitive damages in addition to severance pay. The employer terminated the employee and withheld their ROE, vacation pay and outstanding wages. This is a lesson for employers to be aware of their obligation to be reasonable with their employee, otherwise they could face expensive damages.
• 3 things to look out for in an employment contract: Chris advises employees of three important parts within an employment contract to look out for. He also expresses the importance of having a contract reviewed by an experienced employment lawyer to make sure you clearly understand your rights and entitlements, and obligations from your employer.
  • Job description: If you have an employment contract, it is essential to have a job description clause, which clearly outlines your responsibilities and expectations as an employee. That way, if your job is significantly changed over time and no longer aligns with your job description, this could support your case for a constructive dismissal.
  • Reference to external policies: This includes the reference to benefits plans, bonus plans, pension plans, or an employee’s code of conduct. These policies are important to be included in an employment contract as it provides the employee with an expectation of their employers obligations.
  • New COVID-19 related policies: Many contracts are now including temporary layoff clauses, vaccine mandates, and remote work arrangements. The COVID-19 pandemic has introduced new language to employment contracts, so if you have any questions, it is always recommended you contact our firm so one of our employment lawyers can walk you through it.
• Child-care accommodation: Your employer has a duty to accommodate when it comes to child-care obligations. If they fail to provide assistance and accommodate your needs, then it could be grounds for a human rights claim.
• Employer removes bonus plan of $10,000 per year: An employer scrapped an employee’s annual bonus plan, valued at $10,000. Chris discusses the discretionary bonus plan clause that may be included in an employment contract, along with the possibility of this leading to a constructive dismissal claim.

Need an employment lawyer?

• Pocket Employment Lawyer: Before you call a lawyer, use the Pocket Employment Lawyer to find out if you might have a case. 
• Severance Pay Calculator: Discover how much severance pay you should get when you lose your job, used successfully by nearly 2 million Canadians. 
• Watch our TV Shows: Get further clarity on your rights by watching our popular TV show episodes.