Personal Harassment or Bullying | Whitten & Lublin Employment Lawyers

It is important to have an experienced employment lawyer to review your contract, especially since many employment contracts are poorly drafted and structured to benefit the employer. Whitten & Lublin Employment & Labour Lawyers can help negotiate your employment contracts before your employment commences and we can help you fight terms and conditions upon your termination. We have extensive experience in drafting, redrafting, negotiating, disputing, challenging, interpreting and successfully litigating thousands of employment contracts.

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Employees who become unable to work as a result of a sickness or injury will often have access to group disability insurance. Many employers obtain group policies from insurance companies such as Manulife, Sun Life, Great-West Life, and Desjardins. The policies are for the benefit of employees and are designed to provide them with short-term disability (STD) and long-term disability (LTD) income replacement benefits in the event they can no longer work.

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An employee is wrongfully dismissed when an employer terminates the employee without notice of termination or a fair payment in lieu of notice. What is most often disputed in unfair dismissal cases is the amount of notice or pay in lieu of notice that an employee is entitled to because there are a wide range of factors that need to be considered. Factors include an employee’s salary, age, tenure as well as entitlement to all non-discretionary payments that he/she earned while employed.

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Many times, the act of harassment or bullying will not be objectively clear to an employer, or it may be carried out by individuals who are neither supervisory nor managerial.  In all of these cases, it is important that you meet with an employment lawyer who can counsel you through your options and advise what steps you may wish to take to protect yourself and enforce your legal rights.

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Has your job been changed in a significant way that you do not agree with? Are you suffering from harassment and have nowhere to turn? If the terms of your job have been forcibly changed, you might have a case of constructive dismissal against your employer. Whitten & Lublin Employment & Labour Lawyers can help as we know that employers can only make certain types of changes without your consent, and we know how to respond when those changes go beyond what is necessary or permitted.

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As more employees consider going back to the office, or are called back by their employers, many are interested to know the vaccination status of co-workers. Employees and employers alike need to learn to navigate the new norms of in-office work in the wake of covid-19 and vaccination. The simplest answer is that while an employee can ask a co-worker whether they have been vaccinated, they are not entitled to an answer. Most employers will be within their rights to ask for verification of vaccination before an employee can return to the office or forego the use of a mask. 

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The Canada recovery hiring program will be available from June 6, 2021, to November 20, 2021, for eligible employers that continue to experience reduced revenues as a result of the pandemic. The rates for the wage subsidy and hiring program will ramp down over time, beginning at 50% subsidy and gradually lowering to 20%. This provides employers with a strong incentive to begin hiring as soon as possible to maximise the CRHP benefit.

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First off, it would be wise for employers to build an in-camera requirement into contracts, job descriptions and/or workplace policies. This is far from the be-all-and-end-all, but every little bit of evidence that this is a requirement that was known to and required of the employee helps a company’s argument if an employee refuses to appear on camera on virtual meetings. Even without that, if an employee refuses to appear on camera on a virtual meeting without a legitimate explanation is likely grounds for discipline. It is not likely grounds to dismiss an employee for cause, unless it is the last in a series of warnings about this or a similar topic.

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Amid the Covid-19 pandemic, the Canadian government has provided various social benefit programs, including the Canada Emergency Response Benefit (“CERB”).  However, it was unclear whether CERB payments should be reduced from wrongful dismissal damages, until recent cases shed some light. Two Ontario Superior Court of Justice decisions (Fogelman v. IFG, 2021 ONSC 4042, “Fogelman”, in June; and Iriotakis v. Peninsula Employment Services Limited, 2021 ONSC 998, “Iriotakis”, in February) have suggested that CERB payments are not deductible from wrongful dismissal damages.

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Employers have a duty to provide a safe workplace as required by the ontario occupational health and safety act, which includes protecting workers from hazards related to infectious diseases. Amid the covid-19 pandemic, all businesses that are open shall develop a safety plan, according to relevant ontario regulations. However, the above-mentioned legislation and the employment standards act do not directly address the enforcement of employer vaccination policies for workers.

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