Don’t Forget to Consider “Consideration” – Jeremy Schwartz
Jeremy D. Schwartz / About Author
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Probationary clauses: A double-edged sword for employers
Many employers find it necessary to assess new employees’ performance on the job before making a final determination about whether…
17 Feb 2017
Tribunal Awards Four Years’ Lost Wages to Job Applicant Who Lied About Immigration Status
The Human Rights Tribunal of Ontario (the “Tribunal”) recently awarded $101,363.16, representing four years’ lost salary, and $15,000.00 for injury to dignity,…
24 Sep 2019
Reduce, Reconsider, Restore: Court of Appeal Strikes Down Reduction of Notice Period Due to Economic Circumstances of Employer
Notwithstanding the best wishes of employers, there are times when employees have to be let go for purely financial reasons. …
15 Dec 2015
Does a COVID Leave Trigger Constructive Dismissal? Even Courts are Coming to Opposite Conclusions
By Jeremy Schwartz and Haadi Malik In April, the Ontario Superior Court of Justice ruled in Coutinho v Ocular Health Centre…
10 Jun 2021
No Bonus Entitlement – “Active Employment” Requirement did not Violate ESA (Demo)
The Ontario Court of Appeal recently denied entitlement to bonus payout to an employee who quit his job. The Court…
04 Dec 2017
Office Holiday Parties – The Fine Print
An office holiday party is a great time to unwind as a team and encourage a sense of community. Unfortunately,…
14 Dec 2012
Probationary Panacea: Divisional Court Affirms Rights of Employers to Dismiss Probationary Employees without Reasonable Notice (Demo)
Probationary periods are often essential tools for both employers and employees to determine the viability of a new employment relationship….
28 Jan 2016
Compliance with the new Employment Standard under AODA – Jessica Young (Demo)
Compliance with the new Employment Standard under AODA – Jessica Young
22 Jul 2011
Court Precludes Terminated Employee from Relying on Employer’s Apology
In April of 2009, a little known law called the Apology Act (the “Act”) entered into force. A very short act, it primarily…
17 Sep 2015
Employers Not Liable for Tort of Negligent Investigation – But… – Jeffrey Murray and Jeremy Schwartz (Demo)
Employers Not Liable for Tort of Negligent Investigation – But… – Jeffrey Murray and Jeremy Schwartz
21 Jul 2008
British Columbia Court of Appeal Overturns Lower Court Decision on Profit Sharing Plan (Demo)
Employers that decide to implement a profit sharing plan for employees should make sure that the terms of the plan…
14 Feb 2014
New Year’s Hangover: The Curious Case of the 27 Paycheque Year
The calendar has now changed over to 2015, and with the New Year comes an interesting legal situation for certain…
07 Jan 2015
Short Service Employee gets Four Months’ Pay in Lieu of Reasonable Notice (Demo)
The Ontario Superior Court recently awarded four months of pay in lieu of reasonable notice to an employee with less…
16 Nov 2017
Responding to Human Rights Harassment Complaints: Guidelines from the HRTO – Jeremy Schwartz
Responding to Human Rights Harassment Complaints: Guidelines from the HRTO – Jeremy Schwartz
10 Jul 2009
Court of Appeal Finds Progressive Discipline Not Necessary in Just Cause Dismissal
Just cause is a difficult standard for employers to meet. In most cases, employees who are terminated from employment will…
14 May 2015