Employment Law Toronto | MacLeod Law Firm

Notice of Termination: Appeal Court Weighs in

MacLeod Law Firm — Wed, 09 Nov 2022 17:05:02 +0000

When terminated, an employee should generally receive reasonable notice of termination or pay instead of notice. This is unless the employee has signed a contract that contains an enforceable termination clause (which we’ve written about here). The calculation of the employee’s notice period is based on the specific facts of each employee, such as their position, length of service, age…

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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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Refusing a Disabled Customer Access to Washroom Costs Restaurant $10,000

Doug MacLeod — Tue, 22 Sep 2020 13:29:20 +0000

The Facts A 23 year old woman was born with a physical disability. As a result, she uses forearm crutches to mobilize which helps her with stability. One day she planned to meet some friends at a restaurant. When she arrived, she asked a server to use the washroom which was located downstairs. Unbeknownst to her, earlier a heavily intoxicated customer of the restaurant had fallen down the…

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Workplace Bullying: Does My Employer Have To Intervene?

MacLeod Law Firm — Thu, 17 Sep 2020 20:48:03 +0000

Workplace Bullying: Does My Employer Have To Intervene? Have you experienced workplace bullying or harassment? Did you know that your employer has an obligation to investigate any complaint of bullying or harassment you make regardless of whether or not you file a formal complaint? In fact, simply stating that you are feeling attacked or bullied could trigger the employer’s duty to investigate.

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COVID-19 Update: How to Apply for the 75% Canada Emergency Wage Subsidy

Doug MacLeod — Fri, 24 Apr 2020 13:37:37 +0000

I recently wrote a detailed blog on the Canada Emergency Wage Subsidy (“CEWS”). You can read this blog here. The Canada Revenue Agency (“CRA”) has since launched an online calculator which allows you to determine the amount of wage subsidy you can claim through the CEWS. This calculator also provides information on how the subsidy will be calculated. You can use the information generated by the…

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COVID-19 Update: The Canada Emergency Wage Subsidy – A Real Game Changer

Doug MacLeod — Mon, 13 Apr 2020 13:14:43 +0000

On Saturday, April 11, 2020 the federal government passed the Canada Emergency Wage Subsidy (the “CEWS”). This law will be a game changer for many employers. The following information is from the federal government’s explanation of the CEWS. Bottom Line If your organization’s revenue in March 2020 was 15% less than in March 2019 (and/or decreased by 30% in April and/or by 30% in May) then…

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COVID-19: What a Difference A Month Makes

Doug MacLeod — Tue, 07 Apr 2020 13:12:36 +0000

In over 30 years I have never seen one topic dominate my employment law practice like COVID-19 has over the last three weeks. Some Ontario businesses have gone from working at 100% capacity to 0% because the Ontario government has declared these businesses as non-essential and working remotely is not possible. Other businesses have slowed down but can continue to operate because work from…

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Termination Clauses: (Yet) Another One Bites the Dust

Doug MacLeod — Tue, 07 Jan 2020 13:58:20 +0000

I advise employers and employees and therefore regularly draft and review termination clauses. The issue of whether a termination clause complies with the minimum notice requirements set out in the Employment Standards Act (the “ESA”) may be the most litigated issue in employment law over the past 5 years. So employment lawyers like me pay close attention to what the courts are saying on this…

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