Working from a Home Away from Home: Key Considerations for Employers Regarding Overseas Remote Work Arrangements
For many employers, the continued risk of COVID-19 has necessitated the transition to long-term “work from home” arrangements.
No Take-Backs: Ontario Decision Finds Employer Liable for Wrongful Dismissal After Rescinding Job Offer Prior to Start Date
In Kim v BT Express Freight Systems (2020), 317 ACWS (3d) 255 [Kim], the Ontario Superior Court of Justice (the “Court”) confirmed that an employer may be found liable for wrongful dismissal damages if it rescinds an accepted offer of employment without cause or notice,
The Ontario Human Rights Tribunal Awards Massive Damages to Employee Coerced Into Sexual Relationship with Supervisor
A recent decision of the Human Rights Tribunal of Ontario (the “Tribunal”) highlights the complexities of determining whether sexual conduct between co-workers was consensual in the context of sexual harassment investigations,
Honesty Is the Best Policy: A Primer on the Employer’s Duty to Act in Good Faith
Last week, we wrote about a recent decision by the Supreme Court of Canada (the “Court”) in Matthews v Ocean Nutrition Canada Ltd, 2020 SCC 26 [Matthews]. Although Matthews focused primarily on an employee’s entitlement to incentives and bonuses during the reasonable notice period, the employee also alleged that the employer had breached its duty to […]
The Supreme Court of Canada Awards Damages for Lost Payout under Long Term Incentive Plan, Despite Exclusionary Clause
A recent decision by the Supreme Court of Canada (the “Court”) has clarified the law regarding an employee’s entitlement to incentives, bonuses, and other benefits during the reasonable notice period.
Ontario Superior Court Decision Follows Waksdale Decision to Void Entire Termination Provision for an Offending With-Cause Clause
We had previously written about Waksdale v. Swegon North America Inc. [Waksdale], a major decision from the Ontario Court of Appeal released earlier this year,
Recent Ontario Decision Finds That Language Limiting a Terminated Employee’s Entitlement to Commissions Post-Termination is Void for Violating the ESA
A recent Ontario decision has affirmed that precise language must be used to limit a dismissed employee’s entitlement to incentive compensation that would have been earned or accrued during the common law reasonable notice period,
The Federal Government Has Passed Legislation to Create New Benefits Programs and Expand the Leave Related to COVID-19 Under the Canada Labour Code
Following the federal throne speech, which laid out several employment-related promises for the Parliamentary term, the federal government enacted Bill C-4, An Act relating to certain measures in response to COVID-19 [Bill C-4], on October 2, 2020. Most significantly, Bill C-4 enacts the new federal government benefits which were first announced by the government in late […]
Ontario’s Proposed Private Sector Privacy Legislation: What it Means for Workplaces
The Ontario government has launched a public consultation process on a proposed “Ontario-made” privacy legislation which, if enacted, is expected to apply to private sector, provincially-regulated employers. Written submissions from the public and impacted businesses will be accepted until October 1, 2020, and virtual town hall meetings to discuss the potential changes will be held […]
Ontario Announces New Workplace Screening Requirements, as well as Restrictions for Food and Drink Establishments
On September 25, 2020, Ontario announced amendments to O Reg 364/20: Rules for Areas in Stage 3 under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 that will enforce tightened public health measures in workplaces, including and especially food and drink establishments.