Williams HR Law LLP

ONTARIO COURT OF APPEAL FINDS THAT SUBSTANTIAL EXPANSION OF EMPLOYEE DUTIES RENDERS EMPLOYMENT AGREEMENT UNENFORCEABLE

Introduction In Celestini v Shoplogix Inc [Celestini], the Ontario Court of Appeal (“ONCA”) upheld the lower court’s decision not to enforce the termination provisions in the parties’ employment agreement, given that the employer substantially increased the employee’s duties, which—by operation of the “changed substratum” doctrine—caused the foundation of the agreement to disappear. The Changed Substratum […]

The Twitter Saga: Lessons for Canadian Employers

Last week, Twitter locked hundreds of its workers out of its computer systems, once again with no notice and no communication from Human Resources (“HR”). When one employee tweeted at Elon Musk, Twitter’s new Chief Executive Officer, to see whether he was still an employee after nine days of silence from HR, Musk publicly commented […]

Ontario Court Denies Wrongful Dismissal Claim of Employee Under Fixed-Term Employment Agreement

A recent decision of the Ontario Superior Court of Justice (the “Court”), Steele v The Corporation of the City of Barrie [Steele], offers important guidance regarding how courts interpret and determine the enforceability of fixed-term employment agreements, and signals a positive potential shift for employers on this issue. Fixed-term employment agreements typically attract close scrutiny […]