Intrusion on seclusion protects the individual right to privacy protected without the requirement to establish “damages” from disclosure of the information. In order to establish an invasion of privacy one must prove,
The conduct was intentional or reckless;
Private affairs were unlawfully invaded; and
A reasonable person would regard the invasion as highly offensive which could cause distress or humiliation.
Employees are entitled to an opinion about their colleagues and the employer they work for. However, where thoughts resurrect into statements they may be reason for termination of employment.
The Employment Standards Act, 2000 of Ontario details entitlements to notice pay, severance pay, and benefits on termination of employment. While employers can minimize their financial responsibility to a dismissed employee through a well-drafted employment contract it is important that the agreement comply with the minimum requirements.
Section 240 of the Canada Labour Code (“Code”) provides protection to non-unionized, non-management, federal employees against termination of employment. Under the legislation employees cannot be terminated “unjustly”. Similar to unionized workers, under the Code a federally regulated employee has job protection and can only be terminated because of lack of work, discontinuance of a function, or cause.
Despite their frequent use restrictive covenants are difficult to enforce. The Canadian economy benefits from open competition free from encumbrances. Recently, the Court of Appeal demonstrated its distaste for these types of clauses by refusing to enforce overly broad restrictive covenants indicating they were unreasonable (see Martin v. ConCreate USL Limited Partnership, 2013 ONCA 72).
A form of bullying gaining recognition in Canada is known as “mobbing”. Mobbing is the insidious conduct of a group of employees towards another employee or a superior. The desired result of this harmful treatment is to put pressure on the employee or superior, often with the intention of inducing them to leave employment. Victims of mobbing have valid grounds for claiming constructive dismissal cases.
Economic uncertainty does not give an employer the right to reduce an employees' compensation and change their work. Assessing whether an employee is constructively dismissed is fact specific. Courts’ will examine each situation and determine whether the new position is substantially different, whether the employee can perform the new work, and whether the job is demeaning.
The obligation to accommodate family status was initially viewed narrowly. An employer couldn’t discriminate because a worker was a parent. A woman with eight (8) children was equally entitled to be promoted as a man with a stay-at-home wife. Over the years the term family status has matured not only to include the freedom from discrimination because of being a parent but also to include accommodation of parental care obligations.
The Employment Standards Act sets out an employees’ minimum entitlement to notice and severance pay on termination of employment. Courts have long held that the Employment Standards Act, 2000 are minimum entitlements only. According to the Courts, an employer is obliged to pay damages to the dismissed employee during the time it will take to replace the lost employment.
Choosing an employment lawyer to trust with your concerns is a very important decision. Ask questions! Make sure your lawyer has the knowledge an expertise to properly understand your situation. Lawyers' who have good trial records are better able to negotiate packages as they send a message to the employer that they are ready to fight for the best resolution.