Departing Employees | MacLeod Law Firm

COVID in Ontario Workplaces: What is a Gray Zone Anyway?

Doug MacLeod — Thu, 10 Dec 2020 00:07:25 +0000

COVID in Ontario Workplaces: What is a Gray Zone Anyway? On November 20, 2020 the Ontario government announced that certain regions of the province would be moved into different colour-coded zones. Effective November 23rd, restrictions were imposed on the City of Toronto and Peel Region as they were moved into Gray Zone which is a partial lockdown. These restrictions will last least 28 days.

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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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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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Are Executives Entitled to Variable Compensation after being Terminated?

Doug MacLeod — Wed, 07 Aug 2019 14:00:41 +0000

Are Executives Entitled to Variable Compensation after being Terminated? This blog reviews a recent Ontario Court of Appeal decision, Manastersky v. Royal Bank of Canada, 2019 ONCA 609, that considered whether or not an employer can discontinue a variable compensation plan that accounts for about 50% of an executive’s total compensation. The Facts In 2001, Mr.

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Is Your Severance Package Fair?

Doug MacLeod — Mon, 25 Feb 2019 20:09:00 +0000

We have reviewed thousands of severance packages. If your employment has recently been terminated and you have been provided with a severance package, then read on. Time Limit to Accept Package Most employers give an employee 5 to 7 days to accept a severance package. If you call us, one of our lawyers can meet you within a day or two. If you call us a day or two before the deadline…

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30 months and counting

MacLeod Law Firm — Mon, 11 Feb 2019 21:43:15 +0000

As we have written before, a wrongful dismissal occurs when an employee is terminated without just cause and the employer does not provide adequate notice of termination. An employee can claim damages equal to the remuneration the employee would have earned during the applicable notice period. For a long time, 24 months was recognised as the informal ceiling for notice periods. However…

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Judge Awards Employee 30 Months’ Termination Pay

MacLeod Law Firm — Tue, 05 Feb 2019 19:25:13 +0000

If your employment is terminated after more than 30 years service, then you may be entitled to at least 30 months’ termination pay. This result happened in a recent case. The Facts Mr. Dawe was terminated without just cause after 37 years service when he was 62 years old. As is normally the case, his employer, Equitable Life Insurance, provided him with no notice of termination.

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Temporary Layoff Update: Can An Employee Refuse a Recall?

Doug MacLeod — Tue, 05 Feb 2019 18:55:18 +0000

Contrary to popular belief, a temporary layoff usually constitutes a wrongful dismissal which requires an employer to pay the laid off employee termination pay. This general rule does not apply in all situations such as when your employment contract states that the employee can be temporarily laid off, or your organization has a history of temporarily laying off an employee…

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Another Termination Clause Doesn’t Withstand Scrutiny

MacLeod Law Firm — Mon, 28 Jan 2019 16:09:53 +0000

Another week, another termination clause found to be unenforceable. As we have written before, termination clauses can have a significant effect on how much you receive in terms of notice or pay-in-lieu-of notice upon termination. This is because there is a presumption at law that an employee is entitled to common law notice upon termination without cause. However, an employer can enter into an…

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