Employer Alert: Ontario Judges Are Refusing to Enforce Employer Friendly Termination Clauses On October 18, 2016, I spoke to a room full of lawyers about the state of the law concerning the enforceability of termination clauses in employment contracts. In particular,...
The Cost of Terminating Older Employees Is Increasing Since the elimination of mandatory retirement in Ontario, employers have been required to manage the costs associated with terminating older employees. The costs can be significant because many of these employees...
Do You Have Human Rights Protection in Public Spaces? Racial slurs and other discriminatory comments continue to occur between members of the public. But when they happen within businesses or municipal spaces, there may be a human rights claim. This issue was recently...
New court case necessitates review of termination clauses in employment contracts Some employment contracts have termination clauses which state that an employee will receive notice of termination “in accordance with the Employment Standards Act” or words to that...
When Can an Employer Terminate an Employee for Just Cause? “Just Cause” is a legal term that describes when employers are justified in terminating an employee without providing the employee any notice of termination. In a recent decision, the Court found that a...
Retracting a Resignation: Can You Go Back to Work After You Quit? Quitting a job is often a difficult decision. But what happens when you want to return to the job after you resign? There have been situations where employees have been able to retract, take back, their...
Independent Contractor or Employee? That is the Question. Many companies hire contractors instead of employees. As we have written before, some advantages for contractors are paying less taxes and being able to claim more tax deductions. However, a contractor is not...
The Cost of Not Conducting a Proper Workplace Investigation There are many contexts in which an employer may have to conduct an investigation. For example, the Occupational Health & Safety Act now requires employers to have a written workplace harassment...