Working Notice Inappropriate for Employees Who Cannot Work


Time Published on December 19, 2017

The Ontario Superior Court recently awarded an employee on leave due to disability, damages representing the salary he would have earned had he been able to work during the working notice period set by his employer.

Tag employment law,  employment litigation,  wrongful dismissal litigation

No Bonus Entitlement - “Active Employment” Requirement did not Violate ESA


Time Published on December 04, 2017

The Ontario Court of Appeal recently denied entitlement to bonus payout to an employee who quit his job. The Court found that the language of the bonus plan, requiring “active employment” as a condition to receive a payout, did not violate the Employment Standards Act. 

Tag employment law,  employment litigation,  employment standards

Change is Coming: Bill 148: Fair Workplaces, Better Jobs Act Passes Third Reading


Time Published on November 22, 2017

Bill 148, the Fair Workplaces, Better Jobs Act, passed its third and final reading today.

Tag employment law,  labour law

Ambiguity Killed the Termination Clause


Time Published on November 20, 2017

The Ontario Superior Court recently struck down a termination clause in an employment agreement because of a seemingly minor ambiguity. 

Tag employment law,  employment litigation,  wrongful dismissal litigation

Short Service Employee gets Four Months’ Pay in Lieu of Reasonable Notice


Time Published on November 16, 2017

The Ontario Superior Court recently awarded four months of pay in lieu of reasonable notice to an employee with less than a year of tenure.

Tag employment law,  employment litigation,  wrongful dismissal litigation

Court Limits Bonus Entitlement During Notice Period


Time Published on September 22, 2017

So when is an employee entitled to a bonus during the reasonable notice period? 

Tag employment law,  employment litigation,  wrongful dismissal litigation

Court of Appeal Rules on Employers’ Obligations to Protect Employees from Harassment and Violence when they are Away from the Workplace


Time Published on September 19, 2017

In a recent decision, the Ontario Court of Appeal upheld a lower court’s ruling that a citizen’s harassing behaviour toward members of city council did not fall within the ambit of the Occupational Health and Safety Act because it did not occur at the "workplace". 

Tag employment law,  occupational health and safety

Court Rules that Rejected Separation Packages are to Remain Confidential


Time Published on September 05, 2017

It is common practice for employers to offer departing employees, who are being terminated without cause, a separation package in exchange for a signed release from liability. But if the employee rejects the package, the employer may not be allowed to rely on the offer during any subsequent litigation. 

Tag employment law,  employment litigation,  wrongful dismissal litigation

Minimizing Mitigation: Court of Appeal gives employee benefit of the doubt


Time Published on July 07, 2017

A recent Ontario Court of Appeal decision dealt a blow to employers’ ability to credit employee mitigation efforts and income against wrongful dismissal damages. 

Tag employment law,  employment litigation,  wrongful dismissal litigation

Honesty is the best policy - Court of Appeal upholds dishonest employee’s dismissal for just cause


Time Published on June 19, 2017

Employers are often faced with the galling choice between asserting just cause for termination, and paying potentially large sums of money to departing employees who have been caught lying, cheating, or stealing. Just cause is a very high standard. Often, instead of relying on misconduct or performance issues, employers elect to terminate problem employees without cause. 

Tag employment law,  employment litigation,  wrongful dismissal litigation

Bad facts make bad law (for employers): Court recognizes new tort of harassment


Time Published on June 14, 2017

The Ontario Superior Court recently recognized a new tort that would allow employees to sue their employers for harassment in civil court.

Tag employment law,  employment litigation,  wrongful dismissal litigation

Mitigating by returning to work: it depends on the circumstances


Time Published on June 02, 2017

When must a dismissed employee accept an offer of alternate employment with their employer? In some circumstances, employees will be obligated to accept continued employment with the company that terminated them to mitigate their losses. A recent Court of Appeal decision reminds us, however, that an employer’s offer must meet certain conditions or else the employee may refuse to accept it. 

Tag employment law,  employment litigation,  wrongful dismissal litigation

Generous termination clauses: Think twice before making promises


Time Published on April 28, 2017

Many employers include termination clauses in employment contracts to limit their liability when dismissing employees. When employers draft generous termination provisions providing for more than statutory minimums, they must follow through on that generosity when terminating employees. Failing to do so could leave employers exposed to full liability under the common law.

Tag employment law,  employment litigation,  wrongful dismissal litigation

Using independent contractor not a “get out of jail free” card


Time Published on April 12, 2017

A business’ obligations to its workers will depend on whether the workers are employees or independent contractors. However, a recent decision reminds us that, even where a worker is a true independent contractor, this distinction may not preclude a business being liable to third parties, such as customers, when the worker does something wrong.

Tag employment law

Constructive dismissal? A question of interpretation


Time Published on April 05, 2017

Would it be a constructive dismissal to refuse to pay an employee the third of a million dollars you owe him? Perhaps not.

Tag constructive dismissal,  employment law

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