Discriminatory Termination of Employment A typical scenario employment lawyers encounter is a client whose employment is terminated by the company in the following scenarios: before, during or immediately after a maternity leave or medical leave of absence complaining about workplace
Federally Regulated Employees in Canada – Basic Workplace Rights
Employment Law for Federally Regulated Employees in Canada | For employees who work for employers that are federally regulated, employment law standards are set out in the Canada Labour Code. This is equivalent to the Employment Standards Act, 2000, which applies only to non-unionized employees in
Ontario Employee Termination Packages and Confidentiality Requirements – Wrongful Dismissals
Resolving Wrongful Dismissals with Fair Employee Termination Packages | Some common question employment lawyers are often asked are: how will my wrongful dismissal case be resolved? What is a termination package? What are the steps involved in obtaining my severance compensation? Imagine yourself
Progressive Discipline and Termination for Cause in Ontario
Employment Lawyer Advising Employees on Termination for Cause | In Ontario, a person's employment may be terminated "for cause" whenever an employer believes the employee committed a wrongful act (misconduct) that was so serious that it justifies dismissing the employee "on the spot." In that case,
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,