An Ontario employer cannot fire an employee while she is on maternity leave simply because she is on maternity leave. Ontario law protects the employee’s position while she is away. But, what happens when an employee who has been on maternity leave returns and is then terminated?
Should I stay or should I go? Without question, the single most difficult case that walks through my door is that of harassment or bullying by managers. This post will focus on general hostile working environments. Working environments that are toxic by reason of violations of the Human Rights Code are treated differently.
The fact scenario most commonly presented is that of the employee who simply cannot take any more from his or her manager and/or subordinates. Pulled in a hundred different directions, often with no support from above, the worker’s well-being starts to suffer.
What is an employee, faced with this situation of unbearable stress, to do?
Some facts are simply too fantastic to make up. Is a manager’s failure to specifically prohibit an employee from using a forklift to raise a wheelchair-bound co-worker to a mezzanine just cause for the manager’s termination from employment?
As incredible as those facts may seem, that was the issue that the Honourable Justice Peter Lauwers of the Ontario Superior Court of Justice was asked to resolve in the case of Barton v. Rona Ontario Inc., 2012 ONSC 3809 (CanLII).
Employers often have the actual ability to access their employees’ private email accounts. But do they have the legal right to do so?
Providing employees with mobile technology, such as smart phones, laptop computers, tablets, etc. has the potential to be a minefield for employers. As I wrote in a post titled Overtime Pay and Mobile Technology, providing employees with smart phones carries with it the real risk of exposing employers to claims for unpaid overtime.
Yet there is another risk that employers face when they provide their employees with mobile technology and fail to implement policies on the uses to which to those employees may put that technology: The risk that employees will use that technology for non-work related purposes.
For most workers in Ontario, the first Monday in August and Easter Monday are paid days off work. However, neither is a “public holiday” as defined by the Ontario Employment Standards Act, 2000. What that means is that the rules surrounding statutory holiday pay do not apply to “the Civic holiday” or to “Easter Monday.” But, that does not necessarily mean that they cannot be treated by any particular employer as a ‘holiday;' on this point see the post Any Day Can be a Holiday.
The points above provide an opening to discuss what the rules surrounding such holidays actually are.
The duty on dismissed employees to mitigate their damages following dismissal is without question the most difficult employment law concept to have to explain. The issue is difficult not because of the subject matter, but because many people that have been fired without any reason and without sufficient notice, find the legal rule that they must now act in their employer’s interest a little displeasing.
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In July of 2012, the CBC featured a story on the issue of unpaid overtime.
In that piece, the author essentially argued that, “Mobile technology has helped employers squeeze more productivity out of their employees, but all those hours of work while technically off the clock leaves them open to lawsuits over unpaid overtime.”Here is why, from an Ontario employment perspective, the CBC author may be correct.
