Ontario Termination of Employment for Just Cause In Ontario employment law, the courts often use exceptional words to describe the rare circumstances where an employer can lawfully terminate an employee's job on the spot - without prior notice or severance pay. This is called a termination for
Employment Contract Termination Clauses – The Stare Decisis Rule and the Waksdale Case
In an earlier blog post, we covered the Ontario Court of Appeal significant decision called Waksdale v. Swegon North America ("Waksdale"). In this case, the court effectively wiped out the legal validity of many employment contracts across Ontario. What is the Waksdale Case All About? In Waksdale,
Uber Technologies v. Heller – Arbitration Clauses, Unconscionability and Ontario Employment Contracts
This week, the Supreme Court of Canada (SCC) released a new decision in a long-lasting case involving Uber and one of its drivers, called Uber Technologies Inc., et al. v. David Heller ("Uber"). This is an important development, since the SCC rarely takes up court cases - in fact, it only hears
Termination Without Cause Provisions – The Case of Waksdale and Swegon North America
Employment Standards Minimums vs. Common Law Severance | Unless an employment contract provides otherwise, there is a default rule in Ontario employment law that allows an employer to terminate an employee's job "without cause" - meaning no specific reason - only if they first provide the employee
Working Remotely – How Ontario Employers Can Adjust to the Remote Workplace
In the age of the coronavirus pandemic, employees working remotely has become as much the "new normal" as wearing personal protective face masks in public. The coronavirus pandemic brought with it many significant health, financial and psychological disruptions on a massive, global scale. In the
Termination Clauses in Employment Contracts – When are They Illegal or Unenforceable?
Following the landmark Supreme Court of Canada case called Machtinger v. HOJ Indutries Ltd., it became far more common for employers to require new employees to sign written employment contracts outlining the terms and conditions of the employment relationship. Why? Because as with any relationship,
Termination “For Cause” – Capital Punishment of Employment Law in Ontario
When a non-unionized employee in Ontario is released from their employment (commonly referred to as a "termination of employment"), they are generally entitled to receive either prior notice or severance compensation. In other words, the employer must usually provide them with a "heads up" before
What is the Impact of Retirement on Employee Severance Packages?
Human Rights Consideration As the "Baby-Boomer Generation" gets older over the next few years (those born between 1946 and 1964), there will be an increasing number of employees nearing retirement as they approach the of age 65. According to Statistics Canada, the average retirement age in Canada