When consulted by employees on wrongful dismissal matters I often get asked about how commissions tie into calculating damages for wrongful dismissal. In the smaller but interesting case Robert Katz v. Canada Mortgage & Lending Corp. Judge Mulligan was not only asked the same thing, but he was also asked to rule on the classic independent contractor/employee relationship. The case was a simplified procedure case (meaning in law that is your damages are under 50K then you must sue under simplified procedure. The plaintiff, Robert Katz (the “plaintiff”) claims damages for wrongful dismissal as well as other monies owing to
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →Great article from CBC. Manitobans hit hard by the global recession are getting some help from the federal government, which is investing $34 million in the province’s employment and training programs. Manitoba MP Vic Toews, president of the treasury board, announced Friday that the money will help an estimated 3,400 Manitobans get back to work. The money is in addition to almost $128 million the federal government previously announced it would provide to Manitoba over the next two years for employment and training programs. $23 million will go specifically toward training programs to help employment insurance-eligible residents in recession-hit industries.
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →The Ontario Standards Act covers a wide range of employment standards including: minimum requirements for workplaces; provisions to assist employees with family responsibilities; increased flexibility in work arrangements; and mechanisms for compliance and enforcement. Subjects covered under the ESA include: Posting Requirements, Hours of Work , Eating Periods, Rest Periods, Wages and Overtime, Minimum Wage, Pregnancy and Parental Leave, Personal Emergency Leave, Family Medical Leave, Public Holidays, Vacation, Termination and Severance of Employment , Temporary Layoffs, Equal Pay for Equal Work, Homeworkers and Enforcement and Compliance.
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →I am always surprised at how people do not know their rights. I helped out a employee today with 38 years experience and he had not even heard of the Employment Standards Act. It is important to know what law govern your workplace so you know where to turn if something goes wrong and your job take a trip to dismissal island. The main law is the Ontario (or whatever your province is) Employment Standards Act. Then there are other provincial and federal legislation governs issues such as workplace health and safety, human rights and labour relations. Related Ontario laws
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →This was a great case for an employee. In the case of Adjemian v. Brook Crompton North America, the Plaintiff sued her former employer, for damages for wrongful dismissal. A motion for summary judgment (employers: i.e. asking a judge if there is really an issue for trial here – stopping the case or part of the case dead in it’s tracks ) was brought under the rules of simplified procedure (employers: suing someone under 50K ) [more] How did the case unfold? Ms. Adjemian had been an employee of what is now Brook Crompton for 22.5 years. A long long
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →Firstly, I would call a lawyer to help. Not just any lawyer but a lawyer that knows employment law. Secondly, The Ontario Ministry of Labour will listen to you. They do however, encourage employees and employers to try and come to a meeting of the minds and disputes before seeking assistance from the ministry. If you think however, that your employer is not following the minimum employment standards then you can call the employment standards information centre in Toronto at (416) 326-7160 or call toll free at 1-800-531-5551 and they will provide you with information as to how you would
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →Yes and no. Your management does need to abide by minimum standards. But if you are an employee that is a member and represented by a union, you cannot file a claim with the Ministry of Labour to dispute any minimum standard violations. Instead, you are covered and bound by a collective agreement that your union and management bargained on. You must instead pursue a claim for violation by way of grievance procedure in the collective agreement, if you believe that minimum standards have not been filed. Talk to your union representative and he or she will be able to
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →When I meet with some employers it boggles my mind that they can go through a rigourous hiring process and hire staff without knowing anything abotu the Ontario employment standards act. They tender for resumes, they interview, they funnel the candidates down, they hire a candidate and then they spend money on a contract that everyone executes. What I never understand is how employers easily invite so many labour complaints and employment standard act orders and civil law suits because they do not adhere to the bare minimums. The ESA is piece of legislation specifically designed to establish BARE MINIMUMS
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →It is understandable that you are concerned. There are 13,000 reservists in Ontario that can be deployed any minutes. In December of 2007 the Ontario Government instituted changed in the Ontario Employment Standards Act that offers job protection for reservist leave or on tour of duty. Your job is already protected under the ESA if you need to take Pregnancy Leave, Parental Leave, Family Medical Leave, Personal Emergency Leave or Emergency Leave for Declared Emergencies. The mentioned leaves have eligibility requirements that you need to take note of. Now added to the list is protection for Military Reservists. To qualify
TO FINISH READING THIS ARTICLE PLEASE CLICK HERE →I read a great article in the Vancouver sun about a Kelowna esthetician Crystal Bell was fired via Facebook and by doing this she spawned a debate over “cyber sacking” and what employers owe their employees in times when electronic communication has become the norm. Read on, this is great. “I think it’s going to be the way of the future, but for me it’s not the human way to go,” said Bell, a single mother who found out she was canned when she checked her Facebook e-mail one morning in November as she was getting ready for work. “I
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