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 […]
It’s 2019!: The Modern View of Sexual Harassment in the Workplace
[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 received considerably more attention than ever before.
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.
Saving Provisions Are Not a Silver Bullet for Ensuring 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 Superior Court of Justice (“ONSC”) recently released a new decision on the use of “saving provisions” in employment agreements that may have serious implications for the enforceability of termination clauses.
Upcoming Changes to Ontario Court Procedures and the Potential Implications for Employers
On January 1, 2020 the monetary limits for claims proceeding in Ontario’s Small Claims Court, and under Rule 76 simplified procedure of the Rules of Civil Procedure (the “Rules”) in the Superior Court of Justice will be increased.
The OHRC’s New Policy to Eliminate Racial Profiling
[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]On September 20, 2019 the Ontario Human Rights Commission (“OHRC”) released the Policy on eliminating racial profiling in law enforcement (the “Policy”), which provides practical guidance for “law enforcement”
Employers May Rely on Shareholder Agreements to Limit Employee Entitlements Post-termination
[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 released a decision that clarifies the extent to which employers may rely on the terms of shareholder agreements with employees in the post-termination context.
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.
Can an Employer Suspend an Employee Who is Accused of Workplace Harassment?
[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 era of #metoo and #timesup, workplace harassment has become a hot-button issue for employers. Employees are increasingly becoming aware of their right to be free from harassment and other inappropriate behaviours in the workplace,
Interprovincial and International Businesses: Whose Payroll Is to Be Considered for Calculating Entitlement to Severance Pay?
[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]As many employers know, severance pay is a statutory entitlement