Employment Law

The term "without cause" is seen in most termination letters. The threshold for terminating an employee for cause is high. If the employer is unsuccessful in proving cause, they risk being subject to damages for wrongful termination inclusive of not only proper notice, but aggravated and punitive damages as well.

For Employees: Once terminated without cause, do not sign a full and final release without having a lawyer review the employment relationship and confirm your actual entitlements. The most prevalent dispute in a without cause dismissal is the employee's entitlement, by contract and by law.

For Employers: Asserting cause is a risky position to take. Cost-benefit analysis might weigh in favour of dismissing the employee "without cause." The allegation of cause cannot be retracted. Counsel should be sought prior to alleging cause. Had an employer in a recent Court of Appeal decision simply terminated without cause and relied on a properly drafted termination provision, their worst-case scenario would have likely been far better than the actual end result, which exceeded $1 million in losses.

In Ontario, injured workers who receive WSIB benefits forego their right to sue on their own behalf. You may choose to elect not to receive benefits and preserve your right to sue a third party in some limited circumstances. In Ontario, employees who are insured under the Workplace Safety Insurance Act scheme are not permitted to sue their own employer for injuries sustained while working.

However, if you are injured in a vehicle collision and the responsible driver is not a worker as defined in the Act, then you may elect whether or not you wish to receive WSIB benefits or pursue the at-fault driver. That is a complicated decision.

Generally speaking, the more serious the injuries you have sustained, the more likely you will be better off foregoing WSIB benefits and pursuing the at-fault driver. However, if there are questions about liability, or if there is a question about your ability to successfully recover damages in a tort action, the WSIB scheme may be the best option for you. Deciding whether or not to elect is best made with the assistance of a lawyer with experience in such matters.

In Ontario, the rules around internships are strict. If someone is receiving on-the-job training from a business they are considered to be an employee of the business under Ontario law. As an employee they are entitled to a minimum wage under the Employment Standards Act, so paying them a stipend that does not meet the minimum wage is against the law.

There are two exceptions: (1) internship programs approved by a college or university, which are permitted; and (2) internships that meet criteria set by the Ministry of Labour — the intern is receiving valuable training, is not taking someone else's job, and has not been promised a job after their training. The most important feature is the educational component.

The safest way to ensure compliance is to have an internship approved as part of a college or university program. Alternatively, design the internship ahead of time to focus around training and skills development.