Can I get EI if I get Fired After Maternity Leave?

Can someone who gets fired shortly after returning from maternity leave receive Employment Insurance (EI) benefits?

The short answer is currently “no.” Although the answer depends on how long after returning to work the employee finds herself suddenly unemployed. (While it is legally permissible for men to take parental leave and while it is possible for those men to lose their job shortly after doing so, the reality is that this situation is far more common for women than it is for men. While the law is gender neutral and men can be effected by this law in the same way that women are, this post will be written from the perspective of new mothers.)

The Flu is Not a Disability: HRTO

Is having the flu a “disability” under the Ontario Human Rights Code? According to a decision from the Human Rights Tribunal of Ontario, the body responsible for enforcing Ontario’s Human Rights Code, the answer is no.

Proving Wrongful Dismissal Damages

In order to receive an award of wrongful dismissal damages, a dismissed employee must prove that he or she suffered damages as a result of his or her dismissal from employment. While that statement of law may seem simple and straightforward, it was the primary reason the Ontario Divisional Court set aside a $21,475 Small Claims judgment in a recent decision: Garcia v. 1162540 Ontario Inc., 2013 ONSC 6574 (CanLII)

How the Law Blog for the Suddenly Unemployed became Labour Pains

On January 29, 2013, the law blog for the suddenly unemployed was re-branded “Labour Pains: an employment law blog for employers and employees.” For those who are interested and for those who will permit me a bit of self-indulgence, here are the hows and whys behind the name change.

Supreme Court of Canada Provides Guidance on Summary Judgment: What it Means for the Suddenly Unemployed

After four years of waiting, the Supreme Court of Canada has weighed in on the proper interpretation and approach to Ontario’s Summary Judgment procedure. The decision is a game-changer for litigation.

In its unanimous decision in Hryniak v. Mauldin, 2014 SCC 7 (CanLII), authored by the Honourable Justice Karakatsanis, the Court has clearly said that the preferred route for disposition of lawsuits is not the trial as we know it.

For the reasons set out below, it is this author’s opinion that this decision will undoubtedly have a positive influence on the resolution of cases for the suddenly unemployed.

Can My Employer Reject My Doctor's Note?

(c) istock/BrianAJackson

Can your employer, a long-term disability insurer, or the Ontario Workplace Safety and Insurance Board (“WSIB”) legally reject your doctor’s note?

That is one of the most common questions asked by those employees who find themselves suddenly unemployed or without benefits. It is also a source of incredible anxiety and frustration. The answer is very complicated, and like everything in law, the correct answer is “it depends.”

Costs and the Human Rights Tribunal of Ontario

Should the Human Rights Tribunal of Ontario (“HRTO”) have the legal ability to award legal costs? Some people think so, including the Member of Provincial Parliament for Lanark--Frontenac--Lennox and Addington, the Hon. Randy Hillier.

On December 4, 2013, Bill 147 Human Rights Code Amendment Act (Awarding of Costs), 2013 passed first reading in the Ontario legislature. If passed, the amendment would grant the HRTO the discretionary ability to award legal costs of the proceeding.