How long does an employee have to sue for unpaid commission payments in Ontario? Simple; two years. Two years from what date? That was the question that the Court of Appeal for Ontario was recently asked to resolve in the case of Ali v. O-Two Medical Technologies Inc., 2013 ONCA 733 (CanLII).
Sunday, 8 December 2013
Saturday, 7 December 2013
Is an Ontario worker who is makes a complaint of workplace harassment to his or her employer seeking the enforcement of the Ontario Occupational Health and Safety Act or acting in compliance with that Act? Can an employer legally fire someone who makes such a complaint without that termination being deemed an at of "reprisal" by the Ontario Labour Relations Board? Until the Ontario Labour Relation Board’s decision in Ljuboja v Aim Group Inc, 2013 CanLII 76529 (ON LRB) on November 22, 2013, the answers from this author would have been no, the employee is not seeking the enforcement of the Act, and yes, the employer can legally terminate the employee without the Labour Board deeming the termination as an act of reprisal. However, things may have changed.
Saturday, 30 November 2013
A frequent question asked of this Ottawa employment lawyer is "how much does it cost to retain an employment lawyer?" While the true answer is "it depends," often an equally true answer is "a lot less than not retaining one."
Demonstrating that sometimes the adage 'you get what you pay for' is true is the story in the Toronto Star of two employees suing the Ontario Ministry of Labour ('the Labour Board') after receiving some free employment information about their rights following termination.
Sunday, 24 November 2013
This post will look at how to replace (at least in part) the income stream lost when an employee must focus his or her efforts on, and devote his or her time to, getting better rather than working.
Tuesday, 19 November 2013
So with those comments in mind, I was somewhat shocked when I read the Court of Appeal for Ontario writing that wrongful dismissal damages have a "punitive element" to them.
The question for readers of this blog is: did the Court of Appeal get it right?
Sunday, 3 November 2013
In its appeal book endorsement in Musoni v. Logitek Technology Ltd., 2013 ONCA 622, the Court of Appeal held:
The employment contract between the appellant and the respondent was clear in providing for 15 days’ notice in order to terminate. The appellant was given pay in lieu of notice with accordance with the agreement, as found by Morgan J. We see no error in Morgan J.’s conclusions. The appeal is therefore dismissed with costs fixed at $3,500 inclusive of disbursements and HST.The above was the entirety of the Court of Appeal's decision. Such a short decision left this author wondering what more could be gleaned from the trial decision. A review of that decision left this author upset that the plaintiff employee had not sought (or followed) professional legal advice.
Sunday, 27 October 2013
For those wondering why an employment law blog would consider such a case, there are two reasons: First, yours truly represented the National Farmers Union - Ontario; and second, the court's decision was based on judicial review. Judicial review is commonly used as a check on the decisions made by administrative tribunals such as the Human Rights Tribunal of Ontario (HRTO), the Workplace Safety and Insurance Appeals Tribunal (WSIAT), and the Ontario Labour Relations Board (OLRB), amongst many others. Indeed some of the precedents relied upon by the court were labour and employment cases and the court's decision in this case could be equally applicable in future judicial reviews of labour and employment cases.