Constructive Dismissal Update: Employee Alleging Workplace Harassment Barred from Pursuing a Civil Claim
Constructive Dismissal Update: Employee Alleging Workplace Harassment Barred from Pursuing a Civil Claim An employee quit her employment because of workplace harassment and filed a constructive dismissal action. The Employer brought an application under the Workplace...Termination Clauses: (Yet) Another One Bites the Dust
The issue of whether a termination clause limits an employee’s entitlement to the minimum notice set out in the Employment Standards Act may be the most litigated issue in employment law over the past 5 years.
Five Things You Need to Know To Make Sure You Are Treated Fairly and with Dignity and Respect at Work
This blog discusses five things you should know to be treated fairly and with respect and dignity at work.
Doug’s Top 5 Employment Law Stories of 2019
Doug’s Top 5 Employment Law Stories of 2019 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...Wrongful Dismissal Update: Alleging Just Cause is a Legal Minefield
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.
Battle of the clauses: what does it take for the Court to uphold a termination clause?
Battle of the clauses: what does it take for the Court to uphold a termination clause? Two recent Ontario Superior Court of Justice (“the Court”) decisions shed light on what types of termination clauses will be upheld and which will be deemed void and therefore...Court of Appeal finds yet another termination clause to be unenforceable
In the recent decision of Andros v Colliers Macaulay Nicolls Inc., the Ontario Court of Appeal (“OCA”) found yet another termination clause to be unenforceable. In this decision, the OCA reaffirmed and clarified various principles surrounding the enforceability of such clauses.