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Common mistakes on a Record of Employment (ROE)
A Record of Employment (“ROE”) is an essential document used by employees to apply for Employment Insurance (“EI”) benefits. Once issued, the ROE is used by Service Canada to determine whether an individual qualifies for EI benefits, what the EI benefit amount will be, what duration it will be paid for, and to ensure the funds are not being misused or provided in error.
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3 minutes read
December 10, 2024 
Best practices when completing a Record of Employment (ROE): A starting point
Among the many forms employers need to be aware of and complete, the Record of Employment (“ROE”) is high on the list. Employees need an ROE to access Employment Insurance benefits, and an ROE must be issued any time an employee has had or is anticipated to have seven consecutive calendar days with no insurable earnings.
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An employer’s role in the duty to mitigate
Following a termination, employees have an obligation to take reasonable steps to find other employment to minimize their wrongful dismissal damages. Asserting that an employee has failed to comply with their duty to mitigate is a strong tool for employers looking to reduce the amount of damages owed to an employee. However, demonstrating a failure […]
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Dress codes: Discrimination isn’t fashionable
With more and more people heading back to work in person, many are rethinking what appropriate work attire really means. In some cases, employers may choose to provide a dress code with guidelines for employees to follow. However, careful thought must be given to ensuring that a dress code is compliant with human rights legislation.
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Truth and terminations
Among the many other important considerations when proceeding with terminations, employers often have questions about what to share with the employee about the reason for their dismissal.
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No one likes a bitter end, especially when it may cost $50,000: Employers beware of how you terminate an employee
Aggravated damages can be awarded to terminated employees if there has been a breach of the employer’s duty of good faith during the dismissal process. Recently, in Krmpotic v. Thunder Bay Electronics Limited, 2024 ONCA 332, the Court of Appeal for Ontario awarded an employee $50,000 in aggravated damages because the dismissal process was not carried out in an honest manner.
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Bill 190: Changes to sick leave documentation requirements
If Bill 190, the Working for Workers Five Act, 2024, passes the third reading, the Employment Standards Act, 2000 will be amended to prohibit employers from requiring an employee to obtain a medical certificate (i.e., a sick note) from a qualified healthcare practitioner in order to qualify for statutory sick leave.
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Take note – Maternity leave and EI changes proposed
On November 30, 2023, the federal government proposed to amend the federal Employment Insurance Act and the Canada Labour Code. The landscape of protected time off and rights to EI is changing again.
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Is secretly recording in a workplace just cause for termination?
Employers should take note that while secretly recording a workplace conversation is not a criminal offence if the person recording it is a member of that conversation, it may still come with serious ramifications.
Simes Law