Barrie Employment Lawyer Doug MacLeod | MacLeod Law Firm

Court Refuses to Enforce Contractual Language Limiting Termination Pay

Doug MacLeod — Tue, 27 Oct 2020 13:39:59 +0000

I have written several blogs on whether wrongful dismissal damages include compensation for the variable compensation the employee would have earned during the applicable notice period. Most cases consider whether the language in a variable compensation plan which purports to limit or eliminate the employee’s entitlement to variable compensation during the notice period is enforceable.

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Judge Refuses to Enforce an Amended Employment Contract

Doug MacLeod — Tue, 20 Oct 2020 12:39:31 +0000

I have written many blogs on the legal enforceability of employment contracts because judges are increasingly refusing to enforce them and I want employers to be live to this issue. Employers should assume that changes to employment contracts that benefit the employer will be challenged. This blog summarizes a recent case which sets out three reasons why an Ontario judge recently refused to…

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Refusing a Disabled Customer Access to Washroom Costs Restaurant $10,000

Doug MacLeod — Tue, 22 Sep 2020 13:29:20 +0000

The Facts A 23 year old woman was born with a physical disability. As a result, she uses forearm crutches to mobilize which helps her with stability. One day she planned to meet some friends at a restaurant. When she arrived, she asked a server to use the washroom which was located downstairs. Unbeknownst to her, earlier a heavily intoxicated customer of the restaurant had fallen down the…

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COVID-19 Update: The Canada Emergency Wage Subsidy – A Real Game Changer

Doug MacLeod — Mon, 13 Apr 2020 13:14:43 +0000

On Saturday, April 11, 2020 the federal government passed the Canada Emergency Wage Subsidy (the “CEWS”). This law will be a game changer for many employers. The following information is from the federal government’s explanation of the CEWS. Bottom Line If your organization’s revenue in March 2020 was 15% less than in March 2019 (and/or decreased by 30% in April and/or by 30% in May) then…

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Constructive Dismissal Update: Employee Alleging Workplace Harassment Barred from Pursuing a Civil Claim

Doug MacLeod — Tue, 25 Feb 2020 15:00:16 +0000

An employee quit her employment because of workplace harassment and filed a constructive dismissal action. The Employer brought an application under the Workplace Safety and Insurance Act (the “WSIA”) and convinced an adjudicator that the action was statute barred. However, the adjudicator concluded that the employee could claim for benefits under WSIA. If this case is upheld on appeal…

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Doug’s Top 5 Employment Law Stories of 2019

Doug MacLeod — Tue, 10 Dec 2019 13:51:02 +0000

We have started the last month of 2019 and it is time for my annual top Employment Law stories of the year. 2019 has been a relatively good news year for Ontario employers. On January 1, 2019, the new Conservative provincial government started the year by delaying (likely indefinitely) the implementation of the Pay Transparency Act and by repealing a $1 per hour increase in the minimum wage…

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I Do Not Like Employee Handbooks. I do not like them, Sam-I-Am.

Doug MacLeod — Tue, 26 Nov 2019 14:01:26 +0000

As long time readers of this blog are aware, I recommend that an employer require that all new hires sign an employment contract with an enforceable termination clause. When speaking with a client about other terms of employment that can be included in an employment contract, I always ask whether the organization has an Employee Handbook. Why Employee Handbooks Often Offend My Legal…

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Wrongful Dismissal Update: Alleging Just Cause is a Legal Minefield

Doug MacLeod — Tue, 12 Nov 2019 14:01:05 +0000

A recent case, Headley v. City of Toronto, 2019 ONSC 4496, shows that alleging just cause for termination for a long-service employee can be a risky and costly strategy. The Facts: Headley v. City of Toronto After completing an internal investigation, the City of Toronto terminated Mark Headley, a shift leader at a men’s shelter, for just cause after 15 years service for allegedly stealing $5…

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Workplace Harassment Provisions Coming to the Canada Labour Code

Doug MacLeod — Tue, 10 Sep 2019 14:22:25 +0000

Our last blog discussed new amendments to the Canada Labour Code (“the Code”) that came into force on September 1st. Employers cannot rest just yet – even bigger changes are expected to arrive in 2020 in relation to workplace harassment and violence. The Code applies to federally regulated employers who account for about 10% of the Canadian workforce. Employers like the federal government…

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Changes to the Canada Labour Code happening September 1, 2019

Doug MacLeod — Wed, 28 Aug 2019 14:15:51 +0000

Federally regulated employers should be aware that various changes to the Canada Labour Code are set to be in place as of September 1st, 2019. As this date is quickly approaching, it is vital that employers familiarize themselves with these amendments and begin implementing them into their practice to ensure continued compliance with the Code. Some of the essential modifications are summarized…

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