Is a Temporary Layoff under the ESA a termination at common law?
Temporary layoffs deemed not to be termination during the COVID pandemic.
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...Wrongful Dismissal Update: Judge Upholds Just Cause Termination for a 30 Year Employee Who Touched a Co-Workers Buttock
Judge Upholds Just Cause Termination for a 30 Year Employee Who Touched a Co-Workers Buttock
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.
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?
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.