Termination of Employment For most employers, the topic of terminating an employee form their job can be difficult and stressful. Aside from financial business-related reasons for the termination (e.g., downsizing), there are important legal considerations that must always form part of an
Infectious Disease Emergency Leave Extended in Ontario – Impact on Constructive Dismissal Claims
As part of its response to the ongoing coronavirus (COVID-19) pandemic, the government introduced temporary changes to the Ontario Employment Standards Act, 2000 ("ESA"). Under O. Reg. 228/20: Infectious Disease Emergency Leave, the regulation amended the provisions of the ESA around temporary
Employee Duty to Mitigate Wrongful Dismissal Losses in Ontario
Duty to Mitigate after Termination of Employment | Under Ontario employment law, an employee who is "wrongfully dismissed" - either because they were improperly fired "for cause" with no notice or severance compensation, or were not given the correct amount of notice of termination or severance
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
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,