Employment Lawyer Toronto | MacLeod Law Firm

Doug’s Top 5 Employment Law Stories of 2022

Doug MacLeod — Tue, 13 Dec 2022 15:00:08 +0000

Here are my top 5 employment law stories for 2022: 1. COVID 19 – Temporary Layoffs This issue remains my number one story because this issue impacts so many court cases. Some judges have concluded that a temporary layoff set out in the Infectious Disease Emergency Leave (“IDEL”) regulation under the Employment Standards Act, did not change the common law. So, this kind of temporary layoff is…

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Another Reason to Periodically Review Your Employment Contract

Doug MacLeod — Tue, 20 Sep 2022 18:33:29 +0000

After the Court of Appeal’s 2020 decision in Waksdale v. Swegon North America Inc. many employers revised the termination clause in their standard employment contract because its existing termination clause was no longer enforceable. Now along comes another Ontario court case that renders an otherwise enforceable termination clause unenforceable because there was a specific penalty clause in the…

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Is Secretly Recording A Workplace Conversation Just Cause for Termination?

Doug MacLeod — Tue, 19 Apr 2022 14:04:41 +0000

More and more employees are secretly recording workplace conversations. Although it not is not a crime to secretly record a workplace conversation if you are a party to it, one judge recently concluded it is just cause for termination. This blog discusses this case. Mercer Celgar Limited Partnership (the “Company”) terminated Mr. Shaligan’s employment without just cause.

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The Everchanging Impact Of Termination Clauses On Your Entitlements Upon Termination

MacLeod Law Firm — Fri, 29 Jan 2021 10:00:06 +0000

The Everchanging Impact Of Termination Clauses On Your Entitlement Upon Termination A termination clause is typically found in an employment contract. It often purports to limit your right to termination pay to the minimum amounts contained under the Employment Standards Act (the “ESA”). The law on what types of termination clauses are considered legally enforceable is constantly changing.

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Fired? You May be Owed More Thanks to The Supreme Court

MacLeod Law Firm — Thu, 21 Jan 2021 07:30:18 +0000

Fired? You May be Owed More Thanks to The Supreme Court With these uncertain economic times, many employees are being fired from their employment. If you have been fired, your employer may be trying to limit what they pay you after termination based on an employment contract that you previously signed. However, the Ontario Court of Appeal and now the Supreme Court of Canada have made it much…

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Knowingly Misleading An Employee Can Result in Special Damages

Doug MacLeod — Tue, 05 Jan 2021 17:30:27 +0000

A recent Supreme Court of Canada case, C.M. Callow Inc. vs. Zollinger, imposes an obligation on an employer not to knowingly mislead an employee about how it intends to exercise its contractual rights. The Facts In this case, a number of condo corporations entered into a two year contract with Mr. Callow to perform winter maintenance including snow removal. The condo corporations decided…

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Laid Off and No Recall in Sight?

MacLeod Law Firm — Tue, 22 Dec 2020 06:52:00 +0000

Laid Off and No Recall in Sight? 2020 has been the year of layoffs. We have received numerous calls from clients who were laid off wondering if their employer was allowed to lay them off and what they can do about it. The answer depends on the employment contract and the ever-changing legislation from the Ontario government. The Legislation The Employment Standards Act the (“ESA”)…

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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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Paid Sick Leave? Sort of

MacLeod Law Firm — Tue, 13 Oct 2020 13:46:49 +0000

Paid Sick Leave? Sort of With the numbers of COVID-19 cases rising again, especially in the GTA, many employees are asking me as a Toronto employment lawyer what happens if they become sick and they are forced to stay home for 14 days. Following the end of the Canada Emergency Response Benefit, the federal government introduced three new benefits to address issues related to leave from work…

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