I’ve been fired. Can I sue for mental distress?
As a general rule, Canadian employees don’t get mental distress damages after a wrongful dismissal. Instead, most successful wrongful dismissal claimants get reasonable notice damages (a.k.a. pay in lieu of notice) and a portion of their legal expenses. In cases where...
Roberto Henriquez raises concerns about human rights tribunal delays in The Hamilton Spectator
Molyneaux Law lawyer Roberto Henriquez wrote about backlogs at the Human Rights Tribunal of Ontario and in other Ontario tribunals in a recent editorial for the Hamilton Spectator. Delays at the human rights tribunal hurt our clients and our communities, leaving...
You can’t handle the truth!: Can my employer sue me for libel or defamation if I claim wrongful dismissal or discrimination?
Libel or defamation claims are at the top of some employees’ lists of fears when they consider taking action against their boss. As a general rule, an employer can’t sue you for libel or defamation just for suing them or filing a human rights complaint against them....
Los derechos de los trabajadores migrantes: ¿de qué manera la ley de Ontario protege a los trabajadores temporales extranjeros?
En Ontario, los derechos de los trabajadores migrantes son, en su mayoría, los mismos que los derechos de los demás trabajadores. La condición migratoria de un empleado no afecta su derecho a recibir un salario mínimo, el pago de las horas extras, el pago por días festivos o vacaciones en virtud de la Ley de Normas Laborales de 2000 (Employment Standards Act, 2000).
Let’s Get it On: The Basics of Workplace Dating and Office Romance
So, you want to try workplace dating? Well workplace pressures are already significant. Tight deadlines and office politics can be mentally draining. On top of that, the long work hours can be overbearing. So why make it more complicated? In your case, maybe you want...
NEWS: Molyneaux Law Supports School Board in Stand Against Workplace Violence and Abuse in Ontario Schools
Sarah Molyneaux, together with co-counsel Eric del Junco, successfully defended a local school board against allegations that it discriminated against a child on the basis of disability in a highly publicized expulsion last year. The school board argued that it had...
What to do when childcare needs and work schedules conflict (and what not to do): Parental Status Discrimination Guidance from Peternel v Custom Granite
What should an employee do if their childcare needs conflict with their work schedule? Employees with childcare obligations have a right to be accommodated in the workplace, but employees need to be aware of the limitations on that right and their role in the...
Migrant Workers’ Rights: How does Ontario Law Protect Temporary Foreign Workers?
Migrant Workers' rights are governed by many different Canadian laws. Immigration rules, employment standards, labour laws, occupational health and safety regulations, as well as contracts and the “common law” all affect migrant workers' rights in Canada. Many of...
Sarah Molyneaux Talks Facebook Job Ads and Discrimination with Canadian HR Reporter
Hamilton employment and human rights lawyer Sarah Molyneaux spoke with Canadian HR Reporter this week about Facebook job ads targeting recruits based on factors like age or gender. As Sarah explained, she's concerned about how social media may facilitate hiring...
Sarah Molyneaux Tackles Migrant Workers’ Rights for the Lawyer’s Daily
Sarah's latest article at the Lawyer's Daily covers a recent lawsuit by migrant workers. As Sarah explains in the piece, Maila Ceguerra, Lourdes dela Pena, Jesse Veneranda and Marisol Bobadilla have filed an Ontario small claims...
Cuts, Lay-offs, and Terminations: Employee Rights Under Austerity
Big changes are coming to Ontario. In recent months, families have been hit with wave after wave of bad news from the provincial government. From cuts to autism funding for students and children, to funding cuts for education, and cuts to library services, Ontarians...
Sarah Molyneaux talks the Gender Wage Gap and the Motherhood Penalty in the Workplace on the Agenda
Earlier this week Sarah Molyneaux joined Ryerson Professor Margaret Yap and author Michael Kaufman to discuss the gender wage gap following a recent reporting by RBC that women face losses in hourly wage rates for 5 years after the birth of a child. As Sarah and her...