Termination Clauses: (Yet) Another One Bites the Dust
Whether a termination clause limits an employee’s entitlement to the Employment Standards Act minimum notice is a highly litigated topic in employment law.
5 Things To Know about Fair Treatment at Work: Contracts, Harassment, Discrimination and more
This blog discusses five things you should know to be treated fairly and with respect and dignity in the workplace.
Doug’s Top 5 Employment Law Stories of 2019
2019 has been a relatively good news year for Ontario employers. This blog discusses the top 5 employment law stories of the year.
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?
Two recent Ontario Superior Court of Justice decisions shed light on what types of termination clauses will be upheld and which will be deemed unenforceable.
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.
Wrongful Dismissal Damages for Employee/Shareholders
Executives often receive different forms of compensation such as salary, bonus, short-term incentive compensation, long-term compensation, stock options, and income from shares in the corporation. In recent years, the Ontario Court of Appeal (“OCA”) has...Wrongful Dismissal Update: Ontario court reaffirms cap of 24 months reasonable notice unless exceptional circumstances exist
Unless there are exceptional circumstances, Ontario judges will not generally award more than 24 months notice period.