Williams HR Law LLP

Arbitrator Upholds Mandatory COVID-19 Testing Policy for Retirement Home Employees

In Caressant Care Nursing and Retirement Homes v Christian Labour Association of Canada, an arbitrator found that a mandatory COVID-19 testing policy was reasonable. Facts The employer, Caressant Care Nursing and Retirement Homes (“Caressant Care”), operated a retirement home in Woodstock, Ontario. As the retirement home shared employees with an adjacent nursing home, the retirement […]

Positive Developments Regarding Termination Clause Enforceability

As many employers know, enforceable termination clauses that limit employees’ termination entitlements are essential to minimize the costs involved with ending employment relationships. However, courts strictly scrutinize and frequently refuse to enforce such clauses, often for very technical reasons in relation to violations of the Employment Standards Act, 2000 [ESA]. Without enforceable termination clauses, employees […]

Ontario Superior Court Weighs in on Termination Clauses

Since 2017, Ontario courts have had a great deal to say about the enforceability of termination clauses in employment agreements. However, the majority of these cases, have focused on what constitutes a valid “without cause” termination clause and have not considered what makes a “for cause” termination clause enforceable. In Khashaba v Procom Consultants Group […]

Unpaid Suspensions: Clarification on the Law

A recent decision from the Ontario Court of Appeal has refined the law on administrative suspensions and, particularly, when such a suspension constitutes a constructive dismissal. An administrative suspension can be an effective interim measure pending the results of an investigation into workplace misconduct, harassment or violence. However, employers do not have unfettered freedom to […]