Leslie J. Smith

I keep hearing about people with PTSD not being able to wear masks and getting hassled by businesses or patrons in stores, for not wearing a mask. If this is you, here is what you should do. 1. Read your local municipality mask bylaw, particularity the exemption section. Find out if you fit within one of the exemptions. 2. See if the bylaw states that you don't have to produce evidence of why you are claiming an exemption. Halton bylaw (which I am familiar with) states that n...o person claiming an exemption is required to produce proof of the reason for the exemption. 3. Keep several copies of the bylaw with the particular exemption highlighted, in your purse or pocket. 4. If you are refused entry into a business or a patron hassles you, give them a copy of the bylaw. Assume they are not aware of the exemption section or no-evidence section. Don't become argumentative. 5. If that does not end the dispute, get the person's name. 6. If a business continues to refuse you entry or hassles you, you may have a claim for money damages against the business for discrimination on the basis of disability. Consult a human rights lawyer (like me) for info on your specific situation. 7. Don't hassle people not wearing a mask. This world doesn't need more disunity. Just wear your own mask and keep your distance.

If this happened in Ontario, an employee allegedly on probation could have a wrongful dismissal case even though on probation (which is a question of fact) AND a possible case for breach of human rights on the basis of sex. Remember that even if there is no successful wrongful dismissal, you can still claim for breach human rights and be awarded reinstatement, lost wages and general damages. The theory is that in the course of terminating employment, one's human rights cannot be breached. Put differently, a termination of employment cannot breach human rights. Let's hope this woman succeeds.

UPDATE ON EMERGENCY LEAVE UNDER THE EMPLOYMENT STANDARDS ACT, ONTARIO (ESA). Ontario Government extended the protections under ESA to prevent temporary layoffs from automatically becoming terminations under the Employment Standards Act, Ontario, to January 2, 2021. Meaning - any non-unionized employee who experiences a temporary reduction in hours or wages between March 1, 2020 and January 2, 2021 will be deemed to be on a job-protected Infectious Disease Emergency Leave (I...DEL). During the extended COVID-19 Period, any such temporary reductions in hours or wages will not constitute a lay-off or a constructive dismissal under the ESA. Employees may still wish to claim constructive dismissal under the Canadian common law. Whether to do that, is a matter of ALL the facts and circumstances in your case. For best advice on ALL your options, please contact my office to arrange a ZOOM meeting. 905-257-7714.

Ontario limitation periods and procedural time periods resume September 14, 2020. By an Emergency Order dated March 20, the Ontario government suspended the running of most provincial limitation periods and procedural time periods retroactively to March 16 due to the COVID-19 emergency. The Emergency Order will be revoked on September 14, 2020. While the government has already lifted the suspension for some types of matters (Construction Act matters, Planning Act matters and...Continue reading

My 2014 book written for Canadian Non-Union Employees, is still tracking nicely on Amazon - Employment Law Books. Today it's #34 with only 3 other Canadian books ahead of it: #23 - Workplace Investigations; #19 - Canadian Labor Law (union employees) and #5 - book on Canada Labor Code. The rest of the books are American. The book is still very relevant because it highlights strategies to use in the workplace. An easy read, question and answer, tips, tricks and battlefield advice. You can still order it on Amazon but it would be less expensive to order it directly from me. Message me on FB. $29 plus tax plus $10 shipping and handling. :)

I have read a couple of stories on Facebook that are concerning. One woman went into a Disney store in a town in Ontario. She was with her minor autistic child. The child was unable to keep a mask on. The store told the woman to get out and stay out. In another story, a wheel-chair bound woman in a No Frills in the Near North, was told that she could not use a basket to put her groceries in but instead was to use a huge cart. The store said that it was because it could not ...disinfect the basket. They gave her a box to use but that didn't work either. The woman left the store without any groceries. Both of these stories are examples of discrimination on the basis of disability in the protected area of "goods, services and facilities". Here is a the list of protected grounds and protected social areas: "The Code prohibits actions that discriminate against people based on a protected ground in a protected social area. Protected grounds are: Age Ancestry, colour, race Citizenship Ethnic origin Place of origin Creed Disability Family status Marital status (including single status) Gender identity, gender expression Receipt of public assistance (in housing only) Record of offences (in employment only) Sex (including pregnancy and breastfeeding) Sexual orientation. Protected social areas are: Accommodation (housing) Contracts Employment Goods, services and facilities Membership in unions, trade or professional associations. I would love nothing more than to challenge arrogant establishments like these two, to a legal duel at a Human Rights Tribunal. If you have experienced anything similar, please call my office. 905-257-7714.

On July 24 2020, the Ontario Provincial government ended the declaration of emergency. As such, the 6-week period for those on Infection Disease Emergency Leave (EI) will end on Sep 4, 2020. This 6-week period of time is basically a notice/severance pay holiday for your employer. But the holiday comes to an end on Sep 4/20. If your employer fails to restore your wages or hours after Sep 4, 2020, you can claim for notice and/or severance under the Employment Standards Act (ES...A). But before you do that, you should get some legal advice because things have gotten rather tricky with the amendments to the laws and regulations as it relates to lay-offs. Please reach out to me at my office for assistance. 905-257-7714. I conduct my meeting by ZOOM so it doesn't matter where in Ontario you live :) Feel free to share this post.

Join me on Jul 22 at 10am for Free Webinar on Employment Law issues related to COV19. Layoff, termination, safe return to work, Employment agreements. Things have changed and employees need to understand their rights and responsibilities. Private message me on FB for ZOOM link.

FREE WEBINAR - July 22, 2020 at 10 EST by me on Employment Law discussing: 1. Two new Ontario cases that have up-ended termination provisions in contracts (employers are unhappy :( ) 2. Issues on returning to work (COVID). ... In interested, PM on FB for link and security password.

Do you know how your severance package will be taxed? Here are the rules. Notice under the Employment Standards Act (1 week per year of employment to a max of 8 weeks) attracts all regular payroll deductions including tax, CPP and EI. Severance under the ESA and common law pay in lieu of notice, if paid by lump sum, attracts ONLY withholding tax at a prescribed rate AND no CPP or EI is to be deducted. This income is considered as a Retiring Allowance.... The rate of withholding tax for Retiring Allowance is: $0-$4,999 (10%); $5,000 to $14,999 (20%) and $15,000 and up (30%). NOTE: Withholding tax is not your marginal tax rate. The marginal tax rate will be determined by the CRA when you file your income tax return and is based on how much income from all sources you earn during a tax year. CAUTION: Make sure to identify any Retiring Allowance in the Minutes of Settlement as a "Retiring Allowance" and cite the tax rate to be applied rather than simply say "X,XXX to pay in lieu of notice 'subject to statutory deductions.'" Better to be sure that all parties understand which funds are subject to what statutory deductions. I recently got into a snarl on this point because I trusted opposing counsel would instruct his client accordingly. Opposing counsel has proven himself to be untrustworthy (unlike the 100s of opposing counsel I have dealt with over the 32+ years of my practice). He allowed his client to apply all regular payroll deductions to what was clearly severance thereby bilking my client out of about $5,000 in over-deductions. Lawsuit to follow :) THE FOREGOING IS NOT LEGAL ADVICE ON YOUR PARTICULAR SITUATION. PLEASE CONSULT A LAWYER FOR ADVICE ON YOUR SPECIFIC SITUATION.

If you lost your job for any reason, make sure you take your termination letter AND your Employment Contract or Offer Letter to an Employment Lawyer for review. Even if the Employment Agreement or Offer Letter contains a termination provision that appears to limit severance to statutory minimums, you may still be entitled to more severance thanks to a recent decision of the Court of Appeal, Ontario. 905-257-7714. I am doing all my meeting by ZOOM now so its super convenient for you.

Hands up if you think it's a good idea to write an email in which you essentially make defamatory remarks about your boss and send that email to every member of the board of directors. Let me know your thoughts. :)

On Friday May 29, 2020 the Ontario government introduced an amendment to the Employment Standards Act which governs non-union, non-federally regulated employees in Ontario. Essentially, employees who had their hours or pay reduced or eliminated due to covid, will be retroactively deemed to be on Emergency Leave rather than on a lay-off as contemplated by the Act. This means that at the end of the 13th week (if no benefits were continued) there will not be a deemed termination... of employment - the employee's employment continues, in other words. Moving forward, a temporary reduction or elimination in hours of work or wages due to covid is NOT a lay-off, termination or constructive termination UNDER THE EMPLOYMENT STANDARDS ACT. These changes apply only through the "COVID-19 period" which has been defined as the period from March 1, 2020 until 6 weeks after Ontario's Emergency order is lifted. This amendment relates ONLY to terminations under the Act and DOES NOT affect the common law position that a lay-off of any length (not agreed to in the employment agreement) is a termination without cause. PLEASE - if you receive a notice of reduction of hours or wages, get legal advice BEFORE deciding what to do. This amendment has complicated things for employees.

The Canadian Constitution protects the rights of people to assemble peacefully and to express their opinions at places such as the legislature grounds. The charter does not cease to protect these rights, even during a declared public health emergency, said James Kitchen, a lawyer at the Justice Centre, in the release.