Employment Law
As published in her article in the Barrie Examiner, our employment lawyer, Marianne E. Craig, advises that . . .
Given that we spend a large majority of our lives at the workplace, layoffs and terminations can be traumatic events in our lives causing emotional and financial strains. A common misconception is that an employer’s only obligations are those found under Ontario’s Employment Standards Act, 2000.
While the ESA provides for the minimum statutory obligations, an employee may be owed a considerable amount in compensation under the “common law” corresponding to what is an appropriate “reasonable notice period” which in turn depends on a number of factors. Employees who are terminated and presented with a termination or severance package should seek legal advice as to what their entitlements are pursuant to the common law before signing a “release”—a document often accompanying such a package and once signed, effectively prevents an employee from initiating any legal actions against the employer in the future.
Employers should be aware of their obligations under the Workplace Safety and Insurance Act and the Human Rights Code to work with employees who have been injured at work, to return to the workplace.
While an employer who regularly employs less than 20 workers may not be required to offer re-employment to an injured employee, the employer should not make the mistake of thinking that that absolves the company and/or management from their obligations under the Code.
It could be said that the Code has a much higher threshold—obligating the employer to consider/perform a number of steps before making the conclusion that it cannot re-employ a disabled employee. The onus on employers is significant and failure to consider the Code and its requirements could result in discrimination on the ground of “disability”.
Employers should seek immediate legal advice when they become aware that an employee is injured/disabled to ensure that they comply with the requirements under the aforementioned statutes.