From Nadia Zaman, Associate at Rudner Law: what you need to know about Personal Emergency Leave in Ontario. Prior to January 1st, 2018, employers with 50 or more employees were obligated to provide employees with ten unpaid “Personal Emergency” days. Bill 148 eliminated the 50 employee threshold, and introduced a new requirement that the first two days of the ten-day entitlement be paid.
Usually when we talk about damages for wrongful dismissal, we look at the number of months, we try to calculate what a month is worth and we take into account salary, bonuses, commission, benefits, car allowance, pension, etc. And when we negotiate a settlement, we might throw in a token amount for the cost of finding new work, but that's usually an afterthought.
A recent decision out of Ontario, however, confirms that in the right circumstances that can have a significant value.
At Rudner Law we are often asked how long someone has to bring a wrongful dismissal claim.
In Ontario, the answer is 2 years, but the more important question is, when does that time period start to run. The answer to that question can mean the difference between being able to advance your claim and being told you can't, even if it was perfectly legitimate, and might be worth a whole lot of money. It's critical that you get this right, and two recent cases provide examples where plaintiffs waited unknowingly and missed a limitation period, and therefore were not able to pursue their claim.