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.
Court Refuses to Enforce Contractual Language Limiting Termination Pay
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...Judge Refuses to Enforce an Amended Employment Contract
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...COVID-19: What a Difference A Month Makes
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...Constructive Dismissal Update: Employee Alleging Workplace Harassment Barred from Pursuing a Civil Claim
Constructive Dismissal Update: Claim for Damages Caused by Workplace Harassment thrown Out of Court by the WSIAT.
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.
Judge Awards Employee 30 Months’ Termination Pay
If your employment is terminated after more than 30 years service, then you may be entitled to at least 30 months’ termination pay.
Another Termination Clause Doesn’t Withstand Scrutiny
When a termination clause is present in a contract, it will be heavily scrutinised, due to the difference between common law notice and ESA notice.