Eight Frequently Asked Questions About Booking Vacation During a Pandemic

Many workers have had their vacation plans put on hold by the COVID-19 pandemic, but still have vacation time to use. Here are the answers to some of the most frequently asked questions about taking vacations with pay. How much vacation does my employer have to give me? Your employment contract and any applicable employer policies may outline your vacation entitlements. If you’re a unionized worker, check your collective agreement.... Read More

Missed Deadline to Apply for LTD Benefits. Now what?

Have you missed the deadline to apply for long term disability (LTD) benefits? There might still be a recourse available. What does the law say? Law makers realized that in some cases, claimants will miss the deadline to apply for LTD benefits even though they acted reasonably. A late claim could be devastating for individuals who can no longer return to work and are denied benefits. Many provinces have enacted... Read More

Ontario Court of Appeal Rules Termination Provisions Must be Read Together

In a decision released June 17, 2020, the Ontario Court of Appeal has ruled that if any element of a termination provision in an employment contract runs afoul of the Employment Standards Act, the whole termination provision is invalid. In Waksdale v. Swegon North America Inc. the Plaintiff sued his employer after he was dismissed with two weeks’ pay in lieu of notice following eight months of service. The Plaintiff’s... Read More

Board Finds Refused Shift Change, Suspension To Be Reprisal

In a recent decision, the Federal Public Sector Labour Relations and Employment Board found that an employer’s actions, which made it more difficult for an employee to participate in a health and safety complaint hearing, were reprisals and in violation of the Canada Labour Code. The employee had been summonsed to attend as a witness for a two-day hearing before the Occupational Health and Safety Tribunal. Because he worked an... Read More

Public sector wage restraint legislation does not apply to paramedics at Oneida Nation of the Thames; paying Indigenous paramedics less would be discriminatory

Ravenlaw gratefully acknowledges the contribution of this post by articling student Simcha Walfish Paramedics working for Oneida Nation of the Thames EMS will not be subject to Ontario’s strict caps for increases in salary and compensation. In a recent arbitration for the Union’s first collective agreement, arbitrator John McNamee ruled that the paramedics employed by Oneida Nation of the Thames EMS are not subject to Bill 124, Ontario’s public sector... Read More

Your LTD benefit has been denied, what’s next?

You are disabled and cannot work.  Your workplace provides Long Term Disability (LTD) coverage as part of your health benefits package.  If you are unable to work for health reasons, the LTD insurance benefits coverage should provide you with income protection while you are unable to work for reasons related to your illness or disability.  You apply for LTD benefits but the insurance company denies your claim.  What can you... Read More

Employer Must Reimburse Employee Relocation Expenses, Board Rules

An employer must reimburse employee relocation expenses if it does not have specific evidence that it could have staffed a vacant position through other means, according to a recent Federal Public Sector Labour Relations and Employment Board decision. The decision dealt with two grievances filed by Border Services Officers with the Canada Border Services Agency. Both employees had requested to move to a new city in order to fill a... Read More

Ontario’s New Infectious Disease Emergency Leave Regulations

On May 29, 2020, Ontario made new regulations under the Employment Standards Act, 2000 to address the legal effects of widespread layoffs. These layoffs arose both from employers having a lack of business and the need of many to take time off work due either to the direct or downstream effects of COVID-19 and the measures taken to lessen the spread of the coronavirus. The Employment Standards Act, 2000 already... Read More

Commonly Used Terms in a Long-Term Disability Claim

Many individuals have long term disability (LTD) benefit coverage through their employer.  These are group policies that apply to all employees in the workplace.  A group policy is a legal contract often containing technical language which may be difficult to understand.  Insurance companies will use this technical language when denying or terminating long term disability benefits.  We have identified some of the commonly used terms and have attempted to demystify... Read More

What a Non-Disparagement Clause Really Means

If you’ve settled, or are in the process of settling, a legal case against your employer, you may have been asked to agree to what lawyers call a “non-disparagement clause”. These clauses come in many different forms but at their core, they all ask the individual employee to agree, going forward, not to “disparage” their employer or former employer. In fact, some go further and also prohibit individuals from disparaging... Read More