Barrie Employment Lawyers | MacLeod Law Firm

Does Unpaid IDEL Trigger a Constructive Dismissal? Court Declines to Answer

Doug MacLeod — Tue, 24 May 2022 14:00:29 +0000

In a recent case, Taylor v. Hanley Hospitality Inc., 2022 ONCA 376, both lawyers asked a three judge panel of the Ontario Court of Appeal (OCA) to decide whether a law which allows an employer to force an employee to take an unpaid leave under the ESA’s IDEL regulation, which is in effect during the COVID pandemic, is NOT a constructive dismissal under the ESA, nevertheless is still a constructive…

Source

Mandatory COVID Vaccination Policies

Doug MacLeod — Thu, 19 Aug 2021 14:30:53 +0000

Mandatory COVID vaccination is a controversial issue at the moment. Children will be returning to school in a couple weeks and many parents want all staff and children over 12 vaccinated. The federal Liberals announced it is introducing mandatory vaccinations in a number of settings just before it called an election to create a wedge issue with the PC party who is against mandatory vaccination.

Source

The end of IDEL ( i.e. COVID layoffs) under the Employment Standard Act: The Great Reckoning

Doug MacLeod — Tue, 27 Jul 2021 14:00:49 +0000

Some employers have benefitted from COVID and others have not. The federal government has supported the “have not” employers with a 75% wage subsidy. But it is scheduled to come to an end in September. So I have been getting calls from employers who cannot maintain their workforce without these subsidies. Some owners have decided to shut down the business, some are selling the business…

Source

Employment Contract Review: Why It Is Essential

MacLeod Law Firm — Thu, 18 Feb 2021 19:46:17 +0000

You have been offered an exciting new job opportunity and your future employer has asked you to sign an employment contract. Why should you hire a lawyer to do an employment contract review? The language used in most employment contracts takes away your legal rights. A lawyer can explain which rights you are giving up in an employment contract and can suggest changes to the contract that benefit…

Source

Why You Should Get Your Severance Package Reviewed

MacLeod Law Firm — Tue, 09 Feb 2021 20:23:40 +0000

Why You Should Get Your Severance Package Reviewed Your manager brings you into the boardroom where HR is present (or invites you to a Zoom meeting!). You are then told you are being let go and handed a severance package. You are likely shocked and the last thing you want to do is pay a lawyer to review it but the cost of this review may be one of the best investments in your life.

Source

Investigating Workplace Harassment Complaints: The Basics

Doug MacLeod — Tue, 02 Feb 2021 15:00:21 +0000

Investigating Workplace Harassment Complaints: The Basics Canada’s Governor General, Julie Payette, recently resigned after reviewing a report that was prepared by a person who had spoken to many employees who made workplace harassment allegations against her. This blog discusses an employer’s legal obligation to investigate workplace harassment complaints and how to limit the cost of these…

Source

(Another) Judge Refuses to Enforce a Termination Clause in an Employment Contract

Doug MacLeod — Tue, 06 Oct 2020 13:48:39 +0000

This case is a head scratcher. The Facts Canaan Construction Inc. employed Chris Rutledge (“Mr. Rutledge”) as an apprentice in the construction industry. There was no dispute that Mr. Rutledge worked as a construction employee in the construction industry. The employee’s last continuous period of employment with the employer was from November 2015 until he was temporarily laid off in October…

Source

Employment Contracts: Unenforceable Termination Clause Costs Employer over $ 400 000

Doug MacLeod — Wed, 22 May 2019 12:53:45 +0000

A recent case underscores the importance of including a properly drafted termination clause in your organization’s employment contract. The Facts In March 2010, CIGI hired Mark Menard, a chartered accountant, as Senior Director of Finance. He was responsible for the company’s finances and reported to the President and the Finance Committee of the Board. The termination clause in his…

Source

Another termination clause didn’t make the cut

MacLeod Law Firm — Mon, 21 Jan 2019 15:22:03 +0000

In my last blog post, I discussed a case where an employee was awarded punitive damages because her employer engaged in malicious conduct during her termination. In this week’s blog post, I’ll delve into how much the employee was awarded for reasonable notice, despite the fact that she signed an employment contract with a termination clause. As we have written countless times before…

Source

Fired? What to Know Before You Sign

Nicole Simes — Fri, 20 Jul 2018 15:55:33 +0000

At face value, anything under official letterhead seems legal and final. However, the conditions of your termination may well be negotiable. So, while being fired can be a confusing and stressful time, it is absolutely crucial that you read and consider the information contained in the severance package that was presented to you by your employer before signing anything. Contrary to how you may…

Source