New court case necessitates review of termination clauses in employment contracts Some employment contracts have termination clauses which state that an employee will receive notice of termination “in accordance with the Employment Standards Act” or words to that...
When Can an Employer Terminate an Employee for Just Cause? “Just Cause” is a legal term that describes when employers are justified in terminating an employee without providing the employee any notice of termination. In a recent decision, the Court found that a...
Retracting a Resignation: Can You Go Back to Work After You Quit? Quitting a job is often a difficult decision. But what happens when you want to return to the job after you resign? There have been situations where employees have been able to retract, take back, their...
Independent Contractor or Employee? That is the Question. Many companies hire contractors instead of employees. As we have written before, some advantages for contractors are paying less taxes and being able to claim more tax deductions. However, a contractor is not...
The Cost of Not Conducting a Proper Workplace Investigation There are many contexts in which an employer may have to conduct an investigation. For example, the Occupational Health & Safety Act now requires employers to have a written workplace harassment...
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...
Employer Alert: Employment Contracts May Need to Be Amended Because of a Recent Court of Appeal Decision Bonus plans in employment contracts are a great way to motivate, reward and retain employees. Many of these bonus plans have built-in conditions that must be met...