In Antchipalovskaia v. Guestlogix Inc., 2022 ONCA 454 (“Guestlogix”), the Court of Appeal for Ontario recently held that where an employee is terminated and re-hired in the course of proceedings under the Companies’ Creditors Arrangement Act (Canada) (“CCAA”) and any claims associated with that termination are released, the employee’s pre-CCAA service period remains relevant in determining their entitlements if they are subsequently terminated again.
Pregnant employees or those employees intending to become pregnant, enjoy significant protection under various provincial and federal statutes. This article will explore the protections provided by the Ontario Human Rights Code, Employment Standards Act, and the Employment Insurance Act.
Last month I was consulted by a woman with respect to a new employment agreement that she wanted reviewed. The employment opportunity presented to her was by a company that had purchased the software company she was currently employed with for the past 19 years. Her salary remained the same, as did the total of her bonus, although the bonus structure was altered to reflect seemingly unattainable goals. While the new bonus structure did in fact reflect the purchasing company’s exact bonus structure with all of its existing employees, this arrangement was originally her main concern.