In Ontario, employers don’t always have the ability to suspend staff from the workplace.
Unfortunately, many Ontarians aren’t aware of this—putting individuals at risk of having their employment rights violated.
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If you’re facing a workplace suspension, remain calm. Here are three key rights that non-unionized employees in the province need to know.
1. You can’t be suspended indefinitely
While Ontario doesn’t have specific restrictions regarding the duration of workplace suspensions, they must be structured to be as short as possible.
Employers are legally obligated to act in good faith. Suspending an individual for an unreasonably long period of time could violate the terms of their employment contract or the province’s Employment Standards Act.
2. Unpaid suspensions are rarely reasonable
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Non-unionized employees in Ontario are often entitled to compensation when they’re suspended from work.
If you’re placed on an unpaid leave of absence, connect with an experienced employment lawyer at Samfiru Tumarkin LLP—even if the employment contract you signed claims that your company has the right to do so.
In many cases, these agreements aren’t legally enforceable. You might be able to pursue full severance pay through a constructive dismissal claim.
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3. You can’t be punished for objecting to a suspension
No matter how upset your employer is that you challenged a workplace suspension, they can’t punish you.
If significant changes are made to your job or your employment is suddenly terminated, contact my firm.
Since 2007, we’ve helped tens of thousands of non-unionized employees in Ontario resolve their workplace issues.
READ MORE: Consultations and costs at Samfiru Tumarkin LLP: 5 things to know
One case that my team and I will never forget involved an office clerk in Toronto who was fired shortly after objecting to a workplace suspension.
The individual received a phone call from her manager—informing her that she was being let go without severance pay.
Doing her best to maintain her composure, the office clerk asked her boss why this was happening. She was told she should’ve “quietly complied” with the workplace suspension.
Confident that she was entitled to compensation, the office clerk thanked her manager for the call and cleared her desk after hanging up. Once she got home, she immediately contacted Samfiru Tumarkin LLP.
After reviewing her situation, it was clear she was the victim of a workplace reprisal. We informed the office clerk that she was well within her rights to pursue full severance pay through a wrongful dismissal claim.
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Given the strength of her case, we were able to secure an extremely favourable amount of compensation for our client.
Need help with a workplace suspension or another employment issue?
Contact the firm or call 1-855-821-5900 for a consultation with an employment lawyer. Get the advice you need and the compensation you deserve.
Lior Samfiru is an employment lawyer and co-founding partner at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in employment law and long-term disability claims. He provides legal insight on Canada’s only Employment Law Show on TV and radio.