Sexual Harassment Found Even Though No Criminal Charges As we have previously reported, employees may recover substantial damages from sexual harassment in the workplace. In a recent decision, the Human Rights Tribunal of Ontario (“the Tribunal”) awarded damages to an...
Am I entitled to a bonus if I am not actively employed when it is paid out? Determining whether a terminated employee is entitled to their bonus, even though they are not actively employed when it is paid out, can be a complicated issue. As you may know from reading...
Not all termination clauses are enforceable: Here’s One Way to Attack Them Employers include a termination clause in your employment contract to take away your rights, i.e. to reduce the amount of termination pay you are entitled to receive. If your employment...
Can I layoff an employee? Ontario’s Employment Standards Act has a definition of a ‘temporary lay-off’ and provides when a “temporary lay-off” becomes a termination. Some of you may be surprised to learn that just because a layoff is defined as temporary by the...
Why An Oral Employment Contract is a Bad Idea We’ve written before on the importance of requiring new hires to sign an employment contract which contains a termination clause. In a recent decision from British Columbia, one employer learned this lesson the hard way....
How much notice of resignation should I give my employer? Did you know that an employee is required to provide “reasonable” notice of resignation (unless you agree to a different notice period in an employment contract)? If you fail to do so, your former employer can...
Is your employment contract enforceable? We’ve written before on the importance of termination clauses in employment contracts. A recent case from the Ontario Superior Court of Justice is a good example of not only including a termination clause in an employment...
Can you be terminated for missing work due to your caregiving responsibilities? We receive calls from parents who have been terminated, or whose continued employment has been threatened, due to their caregiving obligations to their children or parents. Under the...