April 16, 2003

ESA Claims and Court Actions

Question: In Ontario can an employee bring a claim under the Employment Standards Act, 2000, in addition to starting an action for damages for wrongful dismissal? Answer: No, under the Employment Standards Act, 2000, an employee cannot sue an employer for wrongful dismissal and also maintain a claim for termination or severance pay pursuant to…

April 2, 2003

Sick Leave and Emergency Leave

Question: We provide all employees with five paid sick leave days per year. Is the statutory requirement to provide up to 10 unpaid emergency leave days per year in addition to our paid sick leave program? Answer: No. As long as the employer provides at least 10 days of unpaid emergency leave per year, the…

April 2, 2003

Can an Employer Withhold Pay from an Employees Final Pay Cheque?

Question: Our employees are subject to an employment contract that states, “upon termination, the employer is entitled to offset whatever amounts are owed by the employee to the employer from the employee’s final pay cheque or from any amount of notice or severance pay owing to the employee.” Our human resources manager has told me…

February 19, 2003

Fairness – Judicial Discretion

When black letter law meets the concept of fairness Judicial discretion likely to be exercised in favour of employee The case of Scarlett v. Wolfe Transmission Limited 2002 CarswellOnt 3917 (O.S.C.) yet again highlights the uncertainty faced by human resource professionals and their lawyers. Delroy Scarlett worked for Wolfe Transmission Ltd. for more than 20…

January 22, 2003

Unearned Vacation Time

Question: In Ontario , if an employee who has taken vacation time she has technically not earned and resigns, is the company allowed to deduct that unearned vacation time from her last pay? Answer: Under the Ontario Employment Standards Act, 2000 an employer cannot make any deductions from an employee’s wages unless the employee has…

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