Ontario Has Extended the Temporary Rules for Layoffs and Deemed Leaves
On September 3, 2020, the Ontario government extended the period during which employers can temporarily lay off non-unionized employees for reasons related to COVID-19 without it being deemed a termination of employment. This is a major development that will give many Ontario employers struggling to recover from the business impact of COVID-19 more time before […]
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 […]
Another One Bites the Dust: Termination Clause Enforceability
The Ontario Court of Appeal (“ONCA”) recently provided further guidance on the enforceability of termination clauses and wrongfully dismissed employees’ entitlement to damages for the lost opportunity to earn a bonus during the reasonable notice period in Andros v Colliers Macaulay Nicolls Inc. [Andros].
Is the Employment Relationship Broken when an Employee Resigns but is Re-Hired?
When an employee resigns, the existing employment relationship comes to an end.
Frustration of Contract May be Claimed by Employees, Triggering Statutory Payments
When an employee is on a long-term or indefinite medical leave of absence, many employers find themselves wondering what to do.
The Ontario Divisional Court Offers Another Take on Termination Clauses
A series of Ontario decisions in 2017 and 2018 demonstrated that termination clauses are tricky business!
Bill 47 Becomes Law, Repeals Many Bill 148 Amendments
As we previously advised, on October 23, 2018, the Ontario government tabled Bill 47, the Making Ontario Open for Business Act, 2018.
Court of Appeal Clarifies the Law Surrounding Mass Terminations
In a recent case, Wood v CTS of Canada Co., [Wood] the Ontario Court of Appeal clarified an employer’s obligations under the Employment Standards Act, 2000 (the “ESA”) when engaging in mass terminations.
Are You Compliant? New ESA Poster Published and Regulations in Force as of January
Many of the Bill 148, the Fair Workplaces, Better Jobs Act, 2017, amendments to the Employment Standards Act, 2000 (the “ESA”) came into force on January 1, 2018.
A Severability Clause Cannot Save a Termination Clause that Breaches the ESA
Most employers are aware that when employees are dismissed without cause, they are entitled to notice or pay in lieu of notice.