COVID-19: What a Difference A Month Makes
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...Wrongful Dismissal Update: Judge Upholds Just Cause Termination for a 30 Year Employee Who Touched a Co-Workers Buttock
Wrongful Dismissal Update: Judge Upholds Just Cause Termination for a 30 Year Employee Who Touched a Co-Workers Buttock After a 10 day trial, an Ontario judge recently concluded that touching a female’s buttock in the presence of four witnesses, who had conflicting...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...I Do Not Like Employee Handbooks. I do not like them, Sam-I-Am.
When speaking with a client about other terms of employment that can be included in an employment contract, I always ask whether the organization has an Employee Handbook.
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.
Are Executives Entitled to Variable Compensation after being Terminated?
If your organization pays executives for performance and doesn’t want to pay an executive during the applicable notice period because they are not performing, consider having an employment lawyer review your plan first.