Employment Law Show: Ontario – S11 E36

Episode Summary

Can employees be placed on an unpaid suspension? 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.

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Show Notes

• An employee on suspension due to workplace investigation: Employers do not have the right to place employees on an unpaid suspension while a workplace investigation is ongoing. Unpaid suspensions are considered illegal. Employees that have been placed on an unpaid suspension can treat their employment as terminated and pursue their severance entitlements.
• Severance for executives: All components of compensation must be included in a severance package, such as bonuses, allowances, etc. Severance is based on a number of factors including the age of an employee, length of service, as well as position.
• Terminating an employee on medical leave: Employers cannot terminate or penalize an employee due to a medical condition. Terminations as a result of an illness or condition can be considered a human rights violation.  A medical condition will also ensure it is more difficult for an employee to find new employment. The circumstances will lead to an increased severance package.

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