HTW Law P.C.
Suite 1259, 251 Consumers Road M2J4R3 Toronto, ON, Canada

On Dec 17, 2020, the Ontario Government amended O.Reg. 228/20 to extend deemed emergency leave under ESA from January 2, 2021 to July 3, 2021. t.ly/ZfM5 The temporary layoff clock reset on July 3, 2021: Unpaid temporary layoffs lasting 13 weeks or more will be deemed a termination of employment; and paid temporary layoffs lasting 35 weeks or more will be deemed a termination of employment. Chances are it might be further extended at a later time . https://twitter.com/htwlawpc, https://www.htwlaw.ca

In E.S. Fox Ltd., t.ly/clEG, a 2020 decision, the Occupational Safety & Health (OSHA) Appeals Board stated that 1) a complaint NEED NOT be filed before the complainant was terminated as long as the alleged harasser is still present at the workplace; and that 2) a formal complaint from the complainant is NOT NECESSARY to trigger the duty to investigate into the harassment as long as the identity of the harasser and the nature of the complaint could be made out of the complaint. https://twitter.com/htwlawpc, https://www.htwlaw.ca

The consequences of failing to respond to an Application under the Human Rights Code is severe. The Respondent is: 1. deemed to have accepted all of the allegations made against; and 2. deemed to have waived all rights to notice or participation; 3. not entitled to further notice with respect to the Application to ensure that a Respondent is not able to frustrate the Code by not responding. See Farmer, t.ly/tgOA and Kearns, t.ly/3OTQ. https://twitter.com/htwlawpc, https://www.htwlaw.ca

Got Wrongfully terminated? Dismissed without just compensation? Been a victim of office harassment? Been discriminated? Need an experienced employment lawyer in Toronto that cares about you and understand your needs? We are just a call away. 647-849-6582 https://twitter.com/htwlawpc, https://www.htwlaw.ca

INFECTIOUS DISEASE EMERGENCY LEAVE (IDEL) t.ly/GqR8 has been amended recently t.ly/O3fT, extending the COVID-19 period to January 2, 2021. During this time a non-unionized employee whose employer has temporarily reduced or eliminated their hours of work for reasons related to COVID-19 is deemed to be on a job-protected infectious disease emergency leave and will neither be considered being laid off nor being constructively dismissed. Although most of the time employers do not need to pay benefits for laid off workers, an employee that’s on IDEL is not considered being laid off, and thus shall continue to receive benefits. t.ly/OEnY https://twitter.com/htwlawpc, https://www.htwlaw.ca

In Brake, t.ly/WDpu, the Ontario Court of Appeal confirmed that earnings from an inferior position are not considered mitigatory earnings. Such position was followed by the Court in later cases, see e.g. McLean, t.ly/Zoa5, a 2019 case, where the Superior Court found that it would not be a failure to mitigate if a dismissed employee turned down an inferior position, and as such earnings from an inferior position should not be considered as mitigation earnings. https://twitter.com/htwlawpc, https://www.htwlaw.ca

If there’s any material change to the contract, the only issue is whether such terms have BEEN bring to the attention of the plaintiff, and more importantly whether the plaintiff have AGREED with the changes. See .e.g. Dawe v. Equitable Life Insurance, where the Court of Appeal t.ly/MqvK, affirmed the superior court’s decision, t.ly/KGVd that changes were not properly communicated and brought to Dawe’s attention, and were therefore unenforceable. https://twitter.com/htwlawpc, https://www.htwlaw.ca

Tony Wong - HTW Law P.C. - Employment Lawyer Toronto

Tony Wong - HTW Law P.C.

Many have overlooked the role Family Law Act plays in wrongful termination cases. In employment law context, s. 61(1)-(2) FLA t.ly/sSCU allows a family member who was injured by the fault or neglect of the employer, to recover both compensatory (e.g. lost wages, out-of-pocket expenses) and non-compensatory damages (e.g. loss of guidance, care and companionship). See. e.g. Silvera v. Olympia Jewellery Corp. t.ly/5vQ1 https://twitter.com/htwlawpc, https://www.htwlaw.ca

Anyone who think they can get away with office harassment cheaply are hugely mistake! In recent years, we have witnessed Human Rights Tribunal of Ontario’s (HRTO t.ly/XZgs) willingness to considerably increase the quantum of awards with the right facts being presented before them. See e.g. A.B. v. Joe Singer Shoes Ltd., et. al. t.ly/JlfX ; G.M. v. X Tattoo Parlour t.ly/l6tq https://twitter.com/htwlawpc, https://www.htwlaw.ca

Getting terminated when you needed the money? A victim of workplace harassment and doesn’t know what the recourse is? Needed help with employment law, but doesn’t know where to look. HTW Law might be able to help. Please click the link to find out how. t.ly/DKnN Follow us on twitter for latest legal updates on employment law. https://twitter.com/htwlawpc

Part III of Canada Labor Code is being amended and will be in force soon in about 2021. It address misclassification of employees in s. 167.1 and 167.2, which put an onus for employer to prove a person is not an employee. t.ly/f8Lq. It’s likely that the ESA will be amended soon to reflect the movement against misclassification as well. https://www.facebook.com/htwlaw.ca https://twitter.com/htwlawpc, https://www.htwlaw.ca

The tort of harassment was rejected by the Court of Appeal in Merrifield v. Canada (Attorney General), 2019 ONCA 205. t.ly/B53r Employees cannot rely on an employer’s negligence to ground a harassment claim. Honda v. Keays doctrine that a breach of the Human Rights Code is neither an actionable tort, nor an "independently actionable wrong" is still alive and well. t.ly/2U9E https://www.facebook.com/htwlaw.ca https://twitter.com/htwlawpc, https://www.htwlaw.ca

The government has made a new regulation. An non-unionized employee whose employer has temporarily reduced or eliminated their hours of work because of COVID-19 is deemed to be on a Leave. It affects Termination and severance pay, and Constructive dismissal as well. https://www.ontario.ca//your-guide-employment-standards-ac https://www.facebook.com/htwlaw.ca https://twitter.com/htwlawpc https://www.htwlaw.ca

The Government of Canada temporarily extends time periods given to employers to recall employees laid off due to the COVID-19 pandemic. https://www.canada.ca//the-government-of-canada-temporaril https://www.facebook.com/htwlaw.ca https://twitter.com/htwlawpc https://www.htwlaw.ca