Williams HR Law LLP

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 […]

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.

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”

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,