Workplace investigations are a necessary part of managing risk and fostering a respectful, law-abiding culture. While harassment and discrimination are commonly recognized as issues requiring formal investigation, other forms of misconduct—like fraud, time theft, or breaches of
Following Waksdale v. Swegon North America: Court Invalidates Employment Contract Termination Clause
In another decision, the court has emphasized the enduring influence of the Waksdale v. Swegon North America Inc., 2020 ONCA 391 case on the enforceability of termination clause in employment contracts. The Court's ruling in De Castro v. Arista Homes Limited, 2025 ONCA 260 underscores the necessity
Employer Defence for Wrongful Dismissal Claims – A Successful Outcome
Wrongful Dismissal Claims in Ontario In recent years, Ontario courts have taken heavily scrutinized stance on termination clauses in employment contracts. As experienced employment lawyers helping provide employer defence for wrongful dismissal claims know from experience, judges have frequently
Emotional Distress Damages in Wrongful Dismissal Cases in Ontario
Understanding Emotional Distress Damages in Wrongful Dismissal Cases: What Employees Need to Know When an individual is wrongfully dismissed from their job, it is not just the financial implications that can be distressing. In some cases, employees may experience significant emotional suffering due
Resigning From Your Job
What Happens if an Employee Resigns from Their Job in Ontario Resigning from a job is a significant life decision, one that can bring about various legal, financial, and personal implications. Whether it’s for personal reasons, a better career opportunity, or dissatisfaction with the work
Common Mistakes Ontario Employers Make When Terminating Employees
Common Mistakes Ontario Employers Make When Terminating Employees Terminating an employee is never an easy task, but it’s important to handle it with care to avoid costly mistakes and legal trouble. In Ontario, the rules around termination are quite strict, and failing to follow them can lead to
Close, But No Cigar: Employer Unable to Prove After-acquired Cause for Termination
After-Acquired Cause for Termination Before discussing after-acquired termination for cause, it is helpful to begin with some fundamental employment law principles: in Ontario, employers have the ability to terminate an employee’s employment, either with or without cause. However, even in the more
Can My Employer Fire Me If I’m Pregnant? Understanding Your Rights and Legal Protections
Pregnancy is an important milestone, but for many expectant employees, it can also raise significant concerns about their job security. A common question that arises is about pregnancy-related discrimination: Can my employer fire me if I’m pregnant? This is a crucial question, as the consequences of