Employment Law Show: Ontario – S10 E82

Episode Summary

Can you be let go if returning from maternity leave? How should harassment complaints be resolved? Employment Lawyer Mackenzie Irwin, an associate 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 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

• Let go from employment after returning from maternity leave: Maternity leave is a job-protected leave and employees returning from the leave must be offered their previous position at the same rate of pay. Employers who are not able to offer the same position for legitimate reasons must offer a comparable position. Employees who have been let go as a result of taking maternity or parental leave will be owed additional damages along with severance pay.
• Asking for a doctor’s note from an employee: Employers are within their rights to ask for a doctor’s note in Ontario if an employee has called in sick often or has taken extended leave. Employers who have received a legitimate doctor’s note and possible accommodation requests from an employee must do their best to fulfill these requests.
• Forced resignations by employers: Employees who have been forced or asked to resign have effectively been terminated. Resignations must be voluntary and a forced resignation is a wrongful dismissal. Employees in this situation must respond in writing to their employers that they are not resigning and outline all of the details of the request.
• Harassment from a co-worker: All employees have the right to work in a harassment-free and safe work environment. Employees should document all incidents of abuse or bullying and first complain to the appropriate party within their workplace. Employers have an obligation to investigate all complaints of harassment and work to resolve the issue.

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