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 […]
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
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
[vc_row][vc_column width=”1/4″][vc_single_image image=”3445″ img_size=”large”][/vc_column][vc_column width=”3/4″][vc_column_text]In 2019, workplace harassment and sexual harassment are receiving considerably more attention than ever before.
Another One Bites the Dust: Termination Clause Enforceability
[vc_row][vc_column width=”1/4″][vc_single_image image=”3445″ img_size=”large”][/vc_column][vc_column width=”3/4″][vc_column_text]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].
Termination for Off-Duty Misconduct Part 1: The Basics
[vc_row][vc_column width=”1/4″][vc_single_image image=”3445″ img_size=”large”][/vc_column][vc_column width=”3/4″][vc_column_text] In the age of social media and perpetual digital interconnectedness, incidents of employee off-duty misconduct are increasingly making their way back to employers.
Is the Employment Relationship Broken when an Employee Resigns but is Re-Hired?
[vc_row][vc_column width=”1/4″][vc_single_image image=”3445″ img_size=”large”][/vc_column][vc_column width=”3/4″][vc_column_text]When an employee resigns, the existing employment relationship comes to an end.
Ontario Court of Appeal Confirms that False Allegations of Cause can be Costly!
[vc_row][vc_column width=”1/4″][vc_single_image image=”3445″ img_size=”large”][/vc_column][vc_column width=”3/4″][vc_column_text]Ontario’s Court of Appeal has upheld the trial court decision in Ruston v Keddco, [Ruston] which we initially blogged about here, sending a strong message to employers who make allegations of cause when dismissing their employees. Ruston involved an employee at an oil and petrochemical company who was dismissed by his […]
Just Cause Is a High Threshold – But Certain Conduct Will Clearly Amount to Cause for Dismissal
[vc_row][vc_column width=”1/4″][vc_single_image image=”3445″ img_size=”large”][/vc_column][vc_column width=”3/4″][vc_column_text]A recent decision of the Ontario Court of Appeal, Dunsmuir v Royal Group Inc. [Dunsmuir], provides an example of the level of employee misconduct
Arbitrator Rules that Kitchener Nurse Who Stole Narcotics For Personal Use be Returned to Work
[vc_row][vc_column width=”1/4″][vc_single_image image=”3445″ img_size=”large”][/vc_column][vc_column width=”3/4″][vc_column_text]Many employers will be aware addictions are often treated as disabilities for the purposes of human rights legislation