The Ontario case Giacomodonato v. Peartree Securities, 2023 ONSC 3197 ("Donato") offers valuable lessons for employers on managing post-termination matters, enforcing employment agreements, and handling restrictive covenants. For employers navigating these issues, consulting a Toronto employment
When an Employee’s Side Job Can be Just Cause for Dismissal
Court Confirms Employers Can Dismiss Employees Over Conflicting Side Jobs In recent years, more employees have been taking on side jobs, also known as side hustles, to supplement their income. Rising living costs and inflation have made this trend even more common. While side jobs can help workers
Pros and Cons of Fixed-Term Employment Contracts in Ontario Employment Law
Fixed-term employment contracts are a common tool in workplaces across Toronto and Ontario. These agreements, often used for temporary or project-based roles, can offer employers flexibility in staffing and control over employment duration. However, some court decisions, including Wetzel v. Procom
Understanding Termination After Returning from a Protected Leave
When a Termination on Return From Leave Is Not Automatically Discriminatory A recent decision of the Alberta Human Rights Commission (AHRC) draws a clear line: a termination that happens when an employee returns from a protected leave is not automatically discriminatory. In Amies v. Lethbridge
Just Cause for Termination – Post-Termination Conduct
When Employment Relationships Go Wrong: Post-Termination Misconduct When an employment relationship ends, most people move on quietly. But every so often, a former employee crosses the line, and when they do, Ontario courts have powerful tools available to address harassment, misuse of confidential
Termination for Cause Provisions – Ontario Case Law Example
In the decision De Castro v. Arista Homes Limited (2024 ONSC 1035), the Ontario Superior Court of Justice assessed a “termination for cause” provision in an employment contract. The central issue: whether the clause aligned with the protections set out in Ontario’s Employment Standards Act, 2000
Termination Strategies for Employers in Ontario
Ending an employment relationship is one of the most sensitive moments in business management. A poorly handled termination can damage morale, spark unnecessary disputes, or even escalate into costly litigation. Yet when done with clarity, structure, and respect, a termination can become a
Unpaid Commission and Wrongful Dismissal: Are Employees Entitled to Receive Commissions?
Commission-Based Employees and Termination: What You Need to Know About Commissions and Reasonable Notice When commission income makes up part of your compensation, losing your job can raise complicated questions. Are you entitled to commissions after termination? What happens if a deal closes