Ontario Court Decision Finds Termination Clause Unenforceable Due to Language in “For Cause” and “Without Cause” Provisions
On March 31, 2021, the Ontario Superior Court of Justice released another new decision, Lamontagne v J.L. Richards & Associates Limited [Lamontagne], which found a termination clause to be unenforceable.
Ontario Court Rules that COVID-19 Related Temporary Layoffs Do Not Constitute Constructive Dismissal
In the very recent decision of Taylor v Hanley Hospitality Inc. [Taylor], the Ontario Superior Court of Justice (the “Court”) provided a very helpful ruling for Ontario employers who implemented temporary layoffs during the pandemic and may be facing claims of constructive dismissal.
Employees Must Prove Pandemic’s Negative Impact on Re-Employment to Extend Notice Period
In its recent decision in Marazzato v Dell Canada Inc. [Marazzato], the Ontario Superior Court of Justice (the “Court”) confirmed that the onus is on an employee to prove that the pandemic negatively impacted their ability to re-employ if they seek a longer notice period
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, as failure to do so may expose them to costly legal claims. In Czerniawski v Corma Inc. [Czerniawski], the Ontario Superior Court of Justice (the “Court”) […]
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 […]
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].
When Are Employees Entitled to Bonus Payments After Being Dismissed?
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]. Our blog this week discusses the bonus-entitlement aspects of the Andros […]
Ontario Court of Appeal Delivers Good News Regarding Reasonable Notice Entitlements but Not-So-Good News Regarding Provisions Limiting Bonus Entitlements
Termination of employment can be risky for employers.
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.