Employment & Disability Blog
Disability Discrimination In The Workplace
by David Ertl | Apr 28, 2023 | Employment Law
Disability Discrimination in Canada: Introduction Despite efforts by federal and provincial legislators to combat disability discrimination in the workplace, many qualified Canadians with disabilities are still being excluded from employment opportunities or face...
Common Reasons For Dismissal From the Workplace and How to Challenge Them
by David Ertl | Apr 14, 2023 | Employment Law
Common Reasons For Dismissal From the Workplace Putting aside company layoffs for a moment, there are two basic types of dismissal in the workplace: termination for cause and dismissal without cause. Regardless of the reasons for being fired given to you by your...
Sale of Business: What Rights Do Employees Have?
by Andrea Allin | Mar 14, 2023 | Employment Law
To a business owner, the sale of their business can be the well-deserved payout of a life's worth of blood, sweat and tears. For the employees and their families, however, even assurances of job security may not be enough to relieve feelings of uncertainty and worry...
What To Know About the Employment Equity Act in Canada
by David Ertl | Feb 24, 2023 | Employment Law
If you want a summary of the intent behind Canada's Employment Equity Act (EEA), you need not look any further than section 2 of the EEA, the "Purpose of Act" (last updated in 2017): "The purpose of this Act is to achieve equality in the workplace so that no person...
Performance Improvement Plans in the Banking Industry
by David Ertl | Feb 8, 2023 | Employment Law
At face value, performance improvement plans (PIPs) are meant to be a tool that helps struggling employees meet specific performance-related goals. In the banking and finance industry, this commonly means meeting targets and sales quotas of various financial products....
Working Notice in Ontario
by David Ertl | Jan 24, 2023 | Employment Law
Suppose an employer wants to end an employment contract without cause in Ontario, and the employee has worked with them for at least 90 days. In that case, the employee is entitled to a minimum amount of notice that their job will end on a specific date in the future...
Understanding the Duty to Accommodate Laws in Canada
Mar 28, 2023 | Disability Law
Laws regarding duty to accommodate aim to level the playing field in situations that inherently discriminate against individuals based on factors they cannot control, and which are protected in various Canadian statutes. These protected (or prohibited) factors usually...
What Qualifies for Long-Term Disability in Canada?
Jan 10, 2023 | Disability Law
Long-term disability (LTD) benefits are paid out by insurance companies according to the policy purchased by a worker, their union/association or their employer, and each has specific rules regarding how you qualify for long-term disability benefits. The general rule...
How to Apply for Long-Term Disability
Dec 7, 2022 | Disability Law
One of the many things the COVID-19 pandemic made crystal clear, if it wasn't already, is that our health is often out of our control. Be it mental or physical, illnesses and injuries are mostly unexpected and can completely disrupt our lives, especially conditions...
The Most Common Types of Disabling Conditions and How to Deal with Them
Nov 10, 2022 | Disability Law
The latest numbers from the World Health Organization (WHO) show that over 1 billion people around the world live with a disabling condition. The current world population is approximately 7.8 billion and is expected to reach 8 million this month. In other words, more...
What is the Accessible Canada Act and Who Does it Benefit?
Oct 26, 2022 | Disability Law
On June 20, 2018, the Government of Canada introduced Bill C-81 in Parliament, an Act intended to create a barrier-free Canada by 2040, known as the Accessible Canada Act. The Accessible Canada Act (ACA) received Royal Assent on June 21, 2019, and became law on July...
What to Expect When Returning to Work After Disability Leave
Aug 18, 2022 | Disability Law
If you've been away from work for a significant amount of time while you were on long-term disability (LTD) leave, you may understandably feel anxious and unsure of what to expect if you're returning to work. In this post, you'll learn about how a return-to-work plan...
Workplace Sexual Harassment Laws in Canada
Dec 16, 2021 | Employment Law, Human Rights
One in four women and 17% of men experienced sexual misconduct while in the workplace in Canada in 2020. Realistically, those numbers are probably higher. Employers are legally required to provide a safe, harassment-free workplace. Nobody should have to endure sexual...
$170,000 Awarded in HRTO Case Involving Sexual Assault
Jan 25, 2021 | Human Rights, Legal Cases
In April 2020, the Human Rights Tribunal of Ontario (the “HRTO”) awarded $170,000 to a terminated employee that engaged in a sexual relationship with her supervisor. Compared to other decisions at the HRTO, this was a high award. But what led to the award? Let’s...
$170,000 Awarded in HRTO Case Involving Sexual Assault
Jan 25, 2021 | Human Rights, Legal Cases
In April 2020, the Human Rights Tribunal of Ontario (the “HRTO”) awarded $170,000 to a terminated employee that engaged in a sexual relationship with her supervisor. Compared to other decisions at the HRTO, this was a high award. But what led to the award? Let’s...
Your Guide to COVID 19 & Employment Rights in Canada
by David Ertl | Nov 30, 2021 | COVID
The COVID-19 pandemic changed the course of history almost overnight. In a matter of days, governments were scrambling to figure out how to stop the spread and keep people safe, and business owners were left wondering how they were going to survive. With these...
COVID-19: Economic Measures for Employers and Employees
by David Ertl | Oct 22, 2020 | COVID
As the COVID-19 pandemic continues to impact the lives of Canadians, the government has introduced several measures to assist those in need, including both employers and employees. While many businesses have been forced to close, many employers and employees alike...
COVID-19 and Temporary Lay-Offs: What Can I Do?
by David Ertl | Oct 22, 2020 | COVID
Many Canadians are finding themselves out of job during the coronavirus pandemic. While many have been outright dismissed from their employment, some workers were told that the lay-off is temporary and that their employer expects to call them back. Here, we will...
COVID-19 and Temporary Layoffs: What Are Your Risks?
by David Ertl | Oct 22, 2020 | COVID
There are no shortage of newspaper articles, blogs, etc. commenting on the legality of temporary layoffs. Many are from law firms. A number of articles state that a lay off (even during unprecedented times like these) is a construction dismissal or termination. In...