Monkhouse Law
220 Bay Street, Suite 900 M5J 2W4 Toronto, ON, Canada

We are pleased to announce that Lexa Cutler has just been called to the bar and will be joining us as a Class Actions Associate! Lexa started as an Articling Student at Monkhouse Law and we're excited to have her continue with us.

Justice Dunphy finds constructive dismissal in Ristanovic v. Corma Inc., 2021 ONSC 3351 (CanLII), for two temporarily laid off employees and finds that the global pandemic defence is not available to companies in Ontario. Read our updated note on temporary layoffs to keep up with the new case law: https://www.monkhouselaw.com/temporary-layoff-ontario/

With hopes of the COVID-19 lockdown easing, it is important to review your options and know what an executive is entitled to when signing up for a new position or at the end of old employment. Read our post about Executive Compensation What Are Your Options in Canada? to be prepared. https://www.monkhouselaw.com/executive-compensation-option/

We shared the recent case about the articling student in British Columbia who won $100,000 in loss of value of becoming a lawyer. Here is our commentary on the Ojanen v. Acumen Law Corporation case. https://torontoemploymentlawyer.com//terminated-bc-articl/

Articling student in British Columbia fired without cause wins $100,000 in loss of value of becoming a lawyer, higher punitive damages, and moral damages. This case illustrates that damages awarded for wrongful dismissal may be applicable to apprenticeships or internships. https://www.bccourts.ca/jdb-txt/ca/21/01/2021BCCA0189.htm

More people are working from home, but could they be working remotely in another province or country? Read on to find out about teleworking and if the Employment Standards Act ("ESA") is still applicable if you’re not physically in Ontario, and what the most recent cases have decided. https://torontoemploymentlawyer.com//ontario-employment-s/

Employees are often unaware of their rights when it comes to working overtime. Monkhouse Law's Alia Besharat was recently quoted in the Globe and Mail regarding this common employee concern. Generally, employees who work above 44 hours in a week and are not in a supervisor or managerial position are entitled to be paid overtime or time and a half. There are some exempted professions such as engineers and accountants. Read Alia's comments here (if you are a Globe and Mail subscriber): https://www.theglobeandmail.com//article-how-can-i-make-m/

Andrew Monkhouse was recently quoted in the Law Times commenting on the Coutinho v. Ocular Health Centre Ltd., 2021 ONSC 3076 decision that confirms that temporarily laid-off employees still have access to common law constructive dismissal remedies, despite the 2020 Infectious Disease Emergency Leave Regulation passed by the Ontario Government in 2020. The decision confirms that indefinitely laying off employees was not the right thing to do. Read our updated analysis on temporary layoffs and constructive dismissal here: https://www.monkhouselaw.com/ontario-curtails-right-to-cla/

The Ontario government has stated that it intends to provide paid sick leave to employees who do not have coverage for leave benefits from their employers. The program is intended to curb the spread of COVID-19. Read more about the proposal here: https://www.monkhouselaw.com/covid-19-temporary-paid-sick-/ We intend to continue to follow this development closely and will update this post once further details of the paid sick leave program emerge.

In response to the COVID-19 pandemic, the Employment Insurance (EI) rules have been temporarily changed to allow employees to access EI benefits even when they received a lump sum severance package. Read on to learn more about what this means for employees. https://www.monkhouselaw.com/covid-ei-severance-terminatio/

Workers are often offered compensation in their employment package which is separate from wages and benefits. This can include long-term incentive plans (LTIP), stock options, restricted share units, bonuses and other non-traditional compensation structures. They are appealing because they can be a sizable addition to salary and have potential to grow over time. The catch, however, is that employers will craft contracts which treat these payments as separate from salary and therefore excluded from the calculation of reasonable notice under the common law. The Supreme Court has recently refused to enforce such exclusions. Read our latest analysis by Andrew Monkhouse and Enbal Singer. https://www.monkhouselaw.com/supreme-court-is-clear-reason/

"For any organization, it is important to have an ombudsperson who could deal with harassment issues, said Alexandra Monkhouse, partner with Monkhouse Law Employment Lawyers, in an interview with Canadian Underwriter. Monkhouse was not commenting on any specific matter, but rather in general about what constitutes a good process by which an employee can make a formal complaint about harassment or bullying in the workplace." https://www.canadianunderwriter.ca//risk-management-lesso/

Employers are prohibited from penalizing or threatening to penalize employees in any way for asserting or asking about their rights under employment legislation. Read on to learn more about reprisal and when it can result in wrongful dismissal. https://www.monkhouselaw.com/reprisal-or-wrongful-dismissal/

Monkhouse Law wishes you peace, joy and good health. Let us look forward to more precedented times in 2021! Monkhouse Law would also like to give a special thanks to our frontline workers. Your tireless efforts are not going unnoticed. Thank you.

Andrew Monkhouse wrote "Recipe for success: Cloud computing, Cerlox confetti, marshmallows", how to make your life better as a lawyer by outsourcing your legal printing and cloud computing. Read on for a bit of entertainment today. https://www.thelawyersdaily.ca//recipe-for-success-cloud-c

Andrew Monkhouse was quoted in an article for Maclean's Magazine about the increased use of technology to monitor workers: You’re going to get a lot of pushback from employees. You have to roll it out correctly or you’re really going to hurt morale. https://www.macleans.ca//the-workplace-of-the-future-will/

In the case of Longueépée v. University of Waterloo, the Ontario Court of Appeal found the University failed to accommodate a disabled applicant during the admission process. This is a useful reminder for employees as well, that job seekers are entitled to accommodation throughout the application, interview and selection process. Read our commentary on the case. https://torontoemploymentlawyer.com//onca-finds-universit/

What happens when a branch of the government of Canada creates a program to try to help mothers return to work after maternity leave, only to accidentally perpetuate inequalities in the workplace? This was the question before the Supreme Court in the recent case of Fraser v Canada (Attorney General) 2020 SCC 28. A majority of the Supreme Court found that even if intentions were good, the program was still discriminatory under s. 15(1) of the Charter of Rights and Freedoms because it did indeed perpetuate pre-existing inequalities that women face in the workforce. Read more: http://ow.ly/irtL50COqVs

Some employers misclassify their employees as independent contractors, intentionally or not. When is an independent contractor actually an employee? This is a question of the law. Just because a business classifies a worker as an independent contractor does not make it correct. Read more: https://www.monkhouselaw.com/independent-contractor-lawyer/

Are you owed overtime pay? Monkhouse Law's Kevin Wisnicki explains the rights of employees regarding overtime in Ontario, and when employees can ask for additional compensation for overtime pay. https://youtu.be/bKdtJgD8_4Q

Sexual harassment in the workplace is a complicated matter. Victims of harassment are often afraid to come forward out of fear. In NK v. Botuik, the Human Rights Tribunal of Ontario awarded $170,000 to a woman who was forced into a relationship and sexually assaulted by her direct supervisor. Read our comments on the case: https://torontoemploymentlawyer.com//sexual-harassment-in/

Job abandonment is the equivalent of resignation and is not to be taken lightly. Read our most recent post on job abandonment and remember that you should seek legal advice if you are faced with allegations that you have abandoned your position. https://www.monkhouselaw.com/job-abandonment-ontario/

Monkhouse Law's Busayo Fanderin recently commented to the Globe and Mail regarding returning early from maternity leave. Busayo noted that in the current economic context it is possible that the help of an employment lawyer might be required to navigate changes in the work conditions. Read Busayo's comments here (content available to Globe and Mail subscribers): https://www.theglobeandmail.com//article-can-i-end-my-mat/

COVID-19 Screening is now mandatory in Ontario workplaces, check out our helpful pointers on how to design an appropriate and respectful screening policy. Read more: http://ow.ly/Vr8O50BHQRC

Read our most recent summary on Records of Employment and what you should do in regards to your ROE. https://www.monkhouselaw.com/record-of-employment-what-emp/

Recently, the Ontario Superior Court, in Sewell invalidated a termination clause that limited the employee to 2 week's notice per year of service. This decision reminds companies and employees that Courts will analyze employment agreements as a whole to determine whether they are enforceable. Read our commentary of the decision here: http://ow.ly/5f1c50BGS7F

In the recent Ontario Court of Appeal decision Groves v. UTS Consultants Inc., 2020 ONCA 630, the Court found that the Ontario Employment Standards Act applies to releases signed in the context of a shareholders agreement. For the employee, this meant that he was entitled to 24 months notice and to his pro-rated bonus. https://torontoemploymentlawyer.com//ontario-court-of-app/

Non-solicitation clauses seek to prevent an employee from poaching clients, customers or employees from their former employer. The good news is that Canadian courts are unlikely to uphold contracts that limit an employee’s ability to pursue their livelihood. Read more: https://www.monkhouselaw.com/non-solicitation-clause-ontar/

With the increase of COVID-19 cases, it is important to know the different types of leaves of absence allowed under Ontario's employment laws. Check out our helpful comparative chart of 5 different types of leaves of absence you may need to consider. See more: http://ow.ly/b3nf50BEB14

Today, for the second year in a row, Monkhouse Law made it in the 2020 Globe and Mail Report on Business ranking of Canada’s Top Growing Companies. We placed as the top growing law firm in Ontario. Our practice has been expanding, helping more employees during these very trying times. Thank you to all our team! #topgrowing2020 #employmentlaw #teamwork Full report (paywall): http://ow.ly/Safo50BBqpR

On October 9, 2020, the Supreme Court of Canada delivered a very important decision for employment law. In Matthews v Ocean Nutrition, the Supreme Court clarifies that wrongfully terminated employees are entitled to everything they would have been owed had they been working during their reasonable notice period. In order to exclude entitlements during the notice period, contracts need to be very specific and must clearly cover the exact circumstances which have arisen. This ...case is an important reminder that employees should always consult expert advice before signing off on severance packages. https://www.monkhouselaw.com/matthews-v-ocean-nutrition-su/

Executives often have complex compensation packages and may get shortchanged on termination. Check out our latest review of the key issues for executive compensation and severance in the light of the most recent case law. Read more: https://www.monkhouselaw.com/key-considerations-for-execut/

Monkhouse Law's Kevin Wisnicki writes tips for successful virtual mediation in The Lawyer's Daily, prepare for the new normal: https://www.thelawyersdaily.ca//tips-for-successful-virtua

The terms laid off and terminated are sometimes used interchangeably. However, each of these terms has a unique legal meaning. Read on to find out the meaning of each term and the distinction between them. https://www.monkhouselaw.com/difference-between-laid-off-a/

We are pleased to share that we are the Silver Winner of The University of Waterloo Award for Next Generation Employment Innovation HR Award 2020, regarding employment practices at Monkhouse Law. We tied with Royal Bank of Canada for this award. Many thanks to our hard working staff and management who made this happen and looking forward to great things ahead.

Can you get fired for no reason? Yes, but you will be entitled to severance or reasonable notice. Read more in our latest post to learn what it means to be let go without cause. https://www.monkhouselaw.com/what-does-it-mean-to-be-fired/

On September 23, Monkhouse Law's Danielle Rawlinson will discuss perspectives in equity, diversity and inclusion in the legal profession. Join Danielle on this very important topic.

Minimum wage will be increasing in Ontario for the first time since 2018, read our most recent post to learn more about the changes effective October 1, 2020. https://www.monkhouselaw.com/ontario-minimum-wage-increasi/

Monkhouse Law's Miguel Mangalindan comments on a very important topic, how to advance litigation in the time of COVID-19, read more here: http://ow.ly/xzbP50BowuO

Executive compensation - what are your options in Canada? We review recent Court decisions and recap some of the key considerations for executives approaching the end of their employment. Read more: http://ow.ly/ZAzP50Bnmc0

We are happy to welcome back Lexa Cutler to article with us. Lexa was a summer student at Monkhouse Law. She graduated from Queen's Law and was the top of her class in Trial Advocacy. Check out her profile here. https://www.monkhouselaw.com/lexa-cutler/

Alexandra Neacsu Monkhouse of Monkhouse Law was recently quoted in the Law Times regarding the increase in worker rights class actions in Ontario and Canada. What I see is that judges now are a lot more sensitive to the idea that as somebody who is in an independent contractor agreement might actually be an employee, says Monkhouse. Read more: http://ow.ly/wqow50BlfAf

The government announced significant changes to EI and new support programs for workers and caregivers starting at the end of September, read a helpful summary of the changes here: https://www.monkhouselaw.com/increased-access-ei-and-recov/