Employment Law Show: Ontario – S10 E98

Episode Summary

When can an employee not be terminated? Should employees be recalled to work as IDEL has expired? An employment lawyer 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 on Mondays to Thursdays on 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.

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Show Notes

• Employees placed on a layoff as a result of the pandemic: Employees who were placed on a layoff as a result of the pandemic and who have yet to be recalled to work should be aware that IDEL in Ontario has expired. Many employees are now considered to be terminated and have severance entitlements.
• Refusal to be vaccinated leads to termination or layoff: Employees who were placed on a layoff as a result of their vaccination status are within their rights to consider their employment terminated and pursue severance. Employees in this situation should speak to an employment lawyer as soon as possible.
• Employees cannot be let go due to pregnancy, maternity or parental leave: Employers should be aware that employees on maternity or pregnancy leave cannot be penalized or terminated. Employees that are terminated while on leave can ask to be re-instated or file a human rights complaint. In many cases employees returning from maternity leave return to a new job or a change to their position which is not permitted.
• Let go of employment after filing a harassment complaint: Employees cannot be penalized or terminated for voicing complaints regarding harassment or discrimination at the workplace. Employees must be protected after voicing complaints and a failure to do so by an employer is considered a reprisal. Employees can have significant entitlements as a result of this reprisal.

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