Probationary Clause Gets Employer Into Hot Water Including a probationary period clause in an employment contract is not a good idea unless your organization is prepared to assess the suitability of the employee during the probationary period. Failure to do so can...
Resignation vs. Termination: The $64,000 (or more) Question Employers prefer it when an employee resigns because the employee is not entitled to any termination pay. To be valid, a resignation must be voluntary, clear and unequivocal; otherwise a so-called resignation...
Incentive Compensation Plans: Court Considers Evidence of the Parties’ Conduct After a Contract is Signed to Assist in Contractual Interpretation From time to time, employers change their incentive compensation plans for some of their employees – especially...
Are terminated employees entitled to their unpaid bonuses? We have previously written about when employees have been found to be entitled to receive their bonus at the time of termination. To recap, when an employee is terminated without cause, they are entitled to...
Damages for Reprisal under Occupational Health and Safety Act It should be common knowledge that changes were made to the Occupational Health and Safety Act (“the OHSA”) that have been in effect since September 8, 2016 (and if it’s not common knowledge, you haven’t...
Fixed Term Employment Contracts Still A Bad Idea We’ve written before on how fixed term employment contracts are not a good idea. A recent decision from the Ontario Superior Court of Justice confirms the law on this point so far, and serves as yet another lesson to...
Can an Employer Force You to Take a Drug Test? Some employers attempt to make alcohol and drug testing mandatory for their employees. This year, the TTC gave the go-ahead to implement random drug and alcohol testing for its employees. What are the legal implications...
Can I go back to school to retrain after my employment has been terminated? Once an employee’s employment is terminated, the person is required to mitigate by seeking alternative employment. We often get asked by long service employees who have just been terminated if...