When can a resigning employee join a competitor?

Time Published on April 28, 2014

A recent decision out of the Ontario Superior Court of Justice confirms that employees cannot give, contractually agreed, notice of resignation only to unilaterally leave early to work for a competitor.

Tag employment law,  wrongful dismissal litigation

Workers can Simultaneously Receive WSIB LOE Benefits and ESA Termination Pay

Time Published on April 24, 2014

WSIAT recently held that a worker's loss of earnings benefits under the workers' compensation plan may not be offset by statutory pay in lieu of notice.

Tag employment law,  employment standards,  workers' compensation,  wrongful dismissal litigation

Jurisdictional disputes in employment contracts

Time Published on March 06, 2014

In this electronic age, many employers will make offers of employment via email. When the offer is being made to an individual in another province or country, an issue may arise as to what jurisdiction will govern when a dispute arises.

Tag employment law

British Columbia Court of Appeal Overturns Lower Court Decision on Profit Sharing Plan

Time Published on February 14, 2014

Employers that decide to implement a profit sharing plan for employees should make sure that the terms of the plan are clearly spelled out. More often than not a dismissed employee will demand payment of this additional compensation upon termination of employment. Ultimately the employee’s entitlement will depend on the wording of the plan.

Tag employment law,  wrongful dismissal litigation

Personal Liability in Wrongful Dismissal Actions

Time Published on January 31, 2014

A recent decision of the Divisional Court raises the issue of when an individual can be found personally liable in a wrongful dismissal claim. This will be particularly pertinent for small business owners where confusion may arise as to whether the employer is a corporation or an individual.

Tag employment law,  wrongful dismissal litigation

Summary Judgement Not Always Appropriate in Wrongful Dismissal Actions

Time Published on August 23, 2013

Several recent decisions highlight the importance of doing your homework and asserting mitigation evidence in summary judgement motions in wrongful dismissal actions.

Tag employment law,  wrongful dismissal litigation

Register Now for our 27th Annual Employers' Conference, Labour & Employment Law Update 2013

Time Published on August 20, 2013

Registration Now Open!

Tag aoda,  constructive dismissal,  employment law,  employment standards,  human rights,  labour relations,  occupational health and safety,  privacy,  wrongful dismissal litigation

“Rocket Docket” to Summary Judgment in “Without Cause” Wrongful Dismissal Cases

Time Published on July 26, 2013

An Ontario Court has signaled that it is prepared to adjudicate wrongful dismissal cases very quickly where the employer has not asserted just cause to terminate the worker’s employment.

Tag employment law,  wrongful dismissal litigation

Appeal Court Finds Compensation for Loss During Notice Period Trumps Shareholders’ Agreement

Time Published on July 11, 2013

A recent decision by the British Columbia Court of Appeal highlights the importance of carefully crafting written employment agreements whenever shares are issued as part of employee compensation.

Tag employment law,  wrongful dismissal litigation

Announcing our Complimentary Quarterly HR-Law Webinar (Q2)

Time Published on June 17, 2013

Our first quarterly, HR-Law Webinar was a great success, with over 150 registrants.  Thank you to those who joined us and those who contributed by providing insightful questions.  We are pleased to announce our second, complimentary webinar.

Tag employment law,  employment standards,  immigration,  occupational health and safety

Specific Termination Provision Upheld After Sale of Business

Time Published on May 08, 2013

A recent Ontario court decision highlights the value of written employment contracts.

Tag employment law,  employment standards,  wrongful dismissal litigation

How NOT to Draft an Enforceable Non-Competition Agreement

Time Published on March 20, 2013

In our most recent Update, read more about our recipe for ensuring your non-competition agreements are UN-enforceable.

Tag employment law

New Employment Contract Term Triggers Constructive Dismissal

Time Published on March 06, 2013

A recent decision of the Ontario Labour Relations Board, Sabbah v. University of Ottawa, demonstrates how mistakes in presenting new employment contracts to current employees can inadvertently trigger a constructive dismissal.

Tag constructive dismissal,  employment law

Make Sure Pre-Employment Screening is Complete Before they Start

Time Published on January 29, 2013

A recent decision of the Human Rights Tribunal of Ontario (the “Tribunal”), Hussey v. Big Brothers Big Sisters of Peterborough Incorporated (“BBBS”), is a reminder of the importance of ensuring that any pre-employment screening is complete before an employee starts work. Although the employer in this case was ultimately cleared of any human rights violations, it cannot recover the significant time and expense invested to defend the application.

Tag employment law,  human rights

Court of Appeal Protects Manager from Personal Liability on Employee Termination

Time Published on January 09, 2013

A well-drafted contract protects not only the company but also its employees and senior personnel. In a recent decision, Richards v. Media Experts M.H.S. Inc., the Ontario Court of Appeal held that a terminated employee could not sue her boss personally for intentional infliction of nervous shock following the termination of her employment.

Tag employment law,  wrongful dismissal litigation