Employer Alert: Ontario Judges Are Refusing to Enforce Employer Friendly Termination Clauses On October 18, 2016, I spoke to a room full of lawyers about the state of the law concerning the enforceability of termination clauses in employment contracts. In particular,...
The Cost of Terminating Older Employees Is Increasing Since the elimination of mandatory retirement in Ontario, employers have been required to manage the costs associated with terminating older employees. The costs can be significant because many of these employees...
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...
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...
Employer Alert: Report Discusses Possible Changes to Ontario’s Employment Standards Act On July 27, 2016 a report concerning possible changes to the Employment Standards Act (the “ESA”) was released following extensive public consultations. This blog addresses...
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....