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
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
Guidance for Ontario Employers for Drafting Employment Severance Packages
In a recent case, the courts have provided essential clarification for employers when it comes to drafting severance packages in wrongful dismissal cases, particularly concerning stock options and other entitlements. In a ruling involving an employee who signed settlement documents post-termination,
Common Mistakes Employees Make that Could Impact their Rights in Ontario
Navigating the workplace can be tricky, and employees sometimes make decisions that could cost them in the long run. Whether you're dealing with an employment contract review, negotiating a severance package, or facing potential wrongful dismissal, the decisions you make during your employment can
