The Perils of Dismissing a Disabled Employee On June 30, 2016 the Ontario Court of Appeal (the “OCA”) released its decision in a case involving the dismissal of a disabled employee who earned about $ 22 000 per year. I wrote about the trial decision in April (see here...
Why An Oral Employment Contract is a Bad Idea We’ve written before on the importance of requiring new hires to sign an employment contract which contains a termination clause. In a recent decision from British Columbia, one employer learned this lesson the hard way....
Is your employment contract enforceable? We’ve written before on the importance of termination clauses in employment contracts. A recent case from the Ontario Superior Court of Justice is a good example of not only including a termination clause in an employment...
The Dreaded Performance Improvement Plan We often receive calls from employees who have received a Performance Improvement Plan (PIP). This can be a stressful time and employees may feel worried about their employment future. Understanding the law about performance...
How much Notice of Termination is a Probationary Employee Entitled to Receive? I draft employment contracts for most of my employer clients. When doing so I always ask whether the employer wants to include a probationary period clause in the contract. A recent...
Fixed-Term Employment Contracts are a Bad Idea I do not like fixed-term employment contracts and have written a number of blogs on this topic. This blog summarizes a recent decision of the Ontario Court of Appeal that reinforces my aversion to fixed-term contracts....
Do You Have An Obligation To Look For A New Job After Being Fired? The Basics A wrongful dismissal occurs when an employer does not provide you with enough notice of termination. Most employers do not provide any notice of termination. In a wrongful dismissal action,...
Disabled Employee Earning $ 22 000 Per Year Awarded $ 110 000 Damages In my experience, many employees are now claiming more than one type of legal damages in wrongful dismissal cases. This is particularly the case when the employee is disabled. A recent Ontario...