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Kelly + Singh Lawyers LLP > Posts tagged "employment"

Do You Have To Take Any Job To Curb Your Losses From A Wrongful Dismissal? No Says Ontario’s Top Court

Wrongful Dismissal Employment Law Blog

Ontario's top court has recently affirmed that an employee is not required to take a substantially inferior position in order to mitigate damages for wrongful dismissal. In this case the Plaintiff was a manager working for a particular McDonalds franchise for 13 years, she obtained a 7 year credit for service as a result of having worked a number of years previously for another McDonalds franchise. After several years of exceptional employment reviews, in 2011 after receiving her first negative performance review she was offered a demotion to assistant manager. Although the rate of pay was the same the demotion meant a...

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Supreme Court of Canada Weighs In On Proving A Mental Injury

Mental Injury Saadati v. Moorhead

Just this week the Supreme Court of Canada released a landmark decision on the issue of mental harm and mental injury caused by negligence.   The Honourable Supreme Court Justice Brown, for a unanimous court, delivered the decision. The appeal arose from a motor vehicle accident claim in British Columbia. At trial the Plaintiff was awarded damages for mental injury based exclusively on the testimony of lay witnesses. In other words, no medical professional was called to support the Plaintiff’s claim for damages arising from mental injury.   The British Columbia Court of Appeal reversed the ruling, holding that in order to recover damages...

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Chronic Stress From Workplace Bullying Now Recognised By The WSIB

WSIB Workplace Bullying

1)  Bullying Is No Joke - It Can Have Serious Detrimental Health Effects It has become clear from the flood of media reports in recent times that harassment and bullying is not just a grade school problem, but something that can infect workplaces everywhere.  This kind of conduct can inflict serious mental stress and psychological problems upon victims of workplace abuse. 2) WSIB Could Not Be Claimed For Chronic Mental Stress Caused By Workplace Bullying - In Fact The WSIB Specifically Excluded It For years Ontario’s workplace compensation would not allow such individuals to make claims for compensation, even though it was a...

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The “Gig Economy” And The Perils Of Being An “Independent Contractor”

Gig Economy

With the rise of the new gig economy, and companies that use a digital platform to link people to services, a growing class of "independent contractors" is emerging in Ontario's labour market. These positions boast of self-employed like advantages, chose your own hours, refuse jobs as you like, however the greater advantage is had by the platform. By identifying their workforce as "independent contractors" companies can avoid the legislative protections afforded by the Employment Standards Act. Calling someone an independent contractor is a way some companies try to get around all of those obligations. These obligations include deducting income tax, CPP and Employment...

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5 Things You Need To Know About Employee Disability Benefits Plans

Employee Benefits Booklet

In our practice, one of the early questions we ask of our personal injury clients is whether they are covered by an employee benefit plan at work, specifically, one that includes disability insurance. It is surprising how many people do not even know if they have this coverage. 1)    If you have employment benefits, you should be provided with an information package explaining your benefits to you While employers are not legally obligated to provide such plans, many businesses do have them, and if they decide to have one, they are required to ensure that their employees have been given information about...

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Understanding CPP Disability

Benefits Button on Keyboard

As an employee in the Canadian job market, every time your employer cuts you a pay cheque, certain deductions contribute towards the Canadian Pension Plan. The contributions made to this plan do not just provide a retirement pension. The plan offers a “disability benefit” for those who have not yet reached retirement age, if they suffer a severe and prolonged disability through injury or disease. This protection is called "CPP Disability". It is only available to those who have paid into the plan for the prescribed number of years. Someone who just entered the workforce a couple of years before the injury,...

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