Ontario Decision Extends Dismissed Employee’s Reasonable Notice Period Due to Employee’s Pregnancy at Time of Dismissal

In a recent summary judgment decision, Nahum v Honeycomb Hospitality Inc. [Nahum], the Ontario Superior Court of Justice (the “Court”) awarded damages equal to five months of pay in lieu of notice to a 28-year-old employee with four and a half months of service—an unusually large award in the circumstances—after considering that she had been […]
Ontario Decision Strikes Down Dismissal for Cause for an Employer’s Failure to Investigate Allegations of Employee Misconduct

A recent Ontario decision reminds employers of the importance of conducting a fair and fulsome investigation into employee misconduct before imposing discipline or dismissing the offending employee for cause,
Ontario Court Provides Guidance on How the COVID-19 Pandemic and CERB Payments Impact Wrongful Dismissal Damage Awards

A recent decision by the Ontario Superior Court of Justice (the “Court”) suggests that the COVID-19 pandemic may not increase the common law reasonable notice entitlements of employees that were dismissed early in the pandemic as much as one might expect, and that certain COVID-19 recovery benefit payments may not be set off against wrongful […]
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 […]
Arbitrator Upholds Dismissal for Cause of Employee for Flouting COVID-19 Policy

In Garda Security Screening Inc v IAM, District 140 (Shoker Grievance) [Shoker Grievance], an arbitrator considered whether an employee’s failure to follow an employer’s COVID-19-related workplace policies amounted to cause
Ontario Decision Considers COVID-19’s Impact on Common Law Reasonable Notice Periods

A recent Ontario decision considered the impact of the COVID-19 pandemic on the common law assessment of reasonable notice periods.
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 […]
Court of Appeal Clarifies Thresholds for Constructive Dismissal, Intentional Infliction of Mental Suffering

In 2019, workplace harassment and sexual harassment are receiving considerably more attention than ever before.
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 […]