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Hamilton Employment Law

Ed Canning has been practicing exclusively in the areas of employment law and human rights for 23 years in the City of Hamilton, representing both employers and employees. For 20 years, he has been writing a bi-weekly column in The Hamilton Spectator on employment law and human rights issues that are of interest to both employers and employees. In this blog, you can have access to approximately 500 articles on various subject matters ranging from Employment Standards Act issues, wrongful dismissal issues to human rights issues.

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The Law can determine that you're fired!

A constructive dismissal is a termination by another name. It’s what happens when the law deems that you have been terminated even though nobody ever said, “You’re fired.”

The Law can determine that you're fired!

A constructive dismissal is a termination by another name. It’s what happens when the law deems that you have been terminated even though nobody ever said, “You’re fired.”

Sometimes it's better to look for new employment

QUESTION: I have been working at a small business for 8 months. When I was hired as a receptionist I was promised that I would receive a raise. Not only have I not received a raise, my boss is one of the most ignorant human beings I have ever met. He is rude, arrogant and dismissive. Even customers have noticed the way he talks to me is outrageous. If I quit I will not get Employment Insurance. If I quit after only 8 months, I will have to explain to future employers why it didn’t last. Any suggestions?

Sometimes it's better to look for new employment

QUESTION: I have been working at a small business for 8 months. When I was hired as a receptionist I was promised that I would receive a raise. Not only have I not received a raise, my boss is one of the most ignorant human beings I have ever met. He is rude, arrogant and dismissive. Even customers have noticed the way he talks to me is outrageous. If I quit I will not get Employment Insurance. If I quit after only 8 months, I will have to explain to future employers why it didn’t last. Any suggestions?

Employment Standards Act layoffs, terminations and severance pay

The Employment Standards Act says that if you lay an employee off and keep their benefits going, so long as you call them back within 35 weeks, no termination has occurred. This does not apply to employees where the possibility of a layoff is not an accepted part of their terms of employment.
 

Employment Standards Act layoffs, terminations and severance pay

The Employment Standards Act says that if you lay an employee off and keep their benefits going, so long as you call them back within 35 weeks, no termination has occurred. This does not apply to employees where the possibility of a layoff is not an accepted part of their terms of employment.
 

WSIB and Mental Illness

Most workers in Ontario are clearly entitled to Workers’ Compensation payments if they lose income as a result of an injury or illness caused by work. When it comes to mental health issues, however, “illness” has always been defined as “an acute reaction to a sudden and unexpected traumatic event.” That is what the legislation says.

WSIB and Mental Illness

Most workers in Ontario are clearly entitled to Workers’ Compensation payments if they lose income as a result of an injury or illness caused by work. When it comes to mental health issues, however, “illness” has always been defined as “an acute reaction to a sudden and unexpected traumatic event.” That is what the legislation says.

Accommodation before Termination

If you are an employer contemplating terminating an employee who has been off a very long time on disability, it is extremely important that you fully investigate the possibility of accommodating that disability before pulling the plug. Even if it turns out that a proper investigation of the employee’s medical status and consideration of work available would not have changed the decision to terminate, you can still end up on the wrong side of human rights legislation.

Accommodation before Termination

If you are an employer contemplating terminating an employee who has been off a very long time on disability, it is extremely important that you fully investigate the possibility of accommodating that disability before pulling the plug. Even if it turns out that a proper investigation of the employee’s medical status and consideration of work available would not have changed the decision to terminate, you can still end up on the wrong side of human rights legislation.