Poorly Drafted Employment Agreement Proves Costly

If a termination provision in an employment agreement does not technically violate the provisions of the Employment Standards Act at the time of termination, but has the potential to do so at other times, is it still enforceable? “No” says the Ontario Superior Court of Justice.

Lying to Obtain Insurance Benefits Just Cause for Dismissal

Is fabricating claims for certain health benefits and then lying about their fabrication “just cause” for dismissal from employment? In the case of Mykki Cavic v. Costco wholesale Canada Limited, 2012 ONSC 5307 (CanLII) the Honourable Justice Carole Brown of the Ontario Superior Court of Justice, answered “yes” to that question.

Exclusion Clause Insulates Against Tort Claims

Can a limitation of wrongful dismissal damages clause in an employment agreement insulate individual employees from personal liability at the time of dismissal? "Yes" says the Court of Appeal for Ontario.

The $2.5 Million Dollar Question

Not every employee who finds him or herself suddenly unemployed is entitled to severance pay in Ontario. Although almost all employees are entitled to “notice” of termination (employees on probation may not be entitled to notice, on this point see Probationary Periods and Notice,) significantly fewer are entitled to “severance.” (For a summary of what “notice” of termination entails, and wrongful dismissal generally see What is Wrongful Dismissal?)

Claims to the WSIB for Mental Stress and Workplace Harassment

Can an Ontario worker make a claim to the Ontario Workplace Safety and Insurance Board (WSIB) for benefits when the cause of injury is mental stress?

Chronic Absenteeism: Employer Rights and Obligations

(c) istock/Olivier Le Moal

This blog has previously considered the issue of the rights of chronically absent employees. However, there is a flip side to the situation: the rights of employers.

The two most frequently asked questions by employers with respect to the chronically absent are: (1) Can I fire this individual; and (2) If I can fire this employee, how much is it going to cost me?

Chronic Absenteeism: Employee Rights

(c) istock/Highwaystarz-Photography

Every year Forbes magazine releases a list of the most ridiculous excuses for calling in sick. Other publications do similar things. In its list from 2011, Forbes listed amongst its favourite worst reasons:

One employee said he couldn’t make it to work because his 12-year-old daughter stole his car. Another called in sick with a headache from going to too many garage sales. One employee claimed he had caught a cold from a puppy.

While lists like these can be amusing, they highlight a more serious issue: employee absenteeism. According to the same Forbes article:

CareerBuilder does an annual survey on absenteeism, and [in 2011] the poll reached out to more than 4,300 workers and 2,600 employers. It revealed that 29% of employees have skipped at least one work day this year by claiming to be sick when they weren’t.

The study raises two important questions: What are an employee’s rights to sick days under Ontario law, and what are an employer’s rights? This post will focus on an employee’s rights and responsibilities. (For a review of employer's rights, please see this post.)