Employment Law Show: Ontario – S11 E49

Episode Summary

What is a duty to accommodate? What are employees owed after the sale of a business? Employment Lawyer Lior Samfiru, 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 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. 

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Show Notes

• Relocating due to company sale: In the event of a purchase and sale of a company, employees that are hired on by the new owner must be given the same position. Major changes to the terms of employment, such as a significant relocation, do not have to be accepted and can be considered a constructive dismissal.
• Accommodations by an employer: A duty to accommodate is a legal obligation from an employer to assist and support their employees. The most common accommodation in the workplace is related to medical conditions. Employers must accommodate an employee’s limitations and a refusal to do so can be considered a human rights violation. Another accommodation can be based on family status. Employers must allow employees to take care of childcare obligations without penalizing or terminating an employee.
• Employee recruited from their business: Employees that are let go from their job shortly after being recruited could be owed enhanced severance. Employees that have left a secure and stable job are considered to have taken a risk and given up seniority. Employees should look closely at the terms of their employment contract and contact an employment lawyer before agreeing to sign.
• Suspended without pay: Employers cannot legally place employees on an unpaid suspension. Employees that have been placed on unpaid leave can treat their employment as terminated and pursue their severance entitlements. Employers are within their rights to place employees on a paid suspension while an investigation is ongoing.

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