An Employee's Duty of Good Faith and Honesty in Employment Contracts - Termination of Employment Employment contracts are just like any other form of legally binding agreements, which are intended to set out the parties' respective rights and obligations underpinning their relationship. But apart
My Employer was Bought by Another Company. How Does that Impact My Job?
The Effect of a Business Sale on an Employee in a Non-Unionized Context What happens if my current employer is acquired by another company? Does that mean that my job was terminated? Do I automatically become an employee of the new owner? Most importantly, am I entitled to receive a financial
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,
Succeeding in a Wrongful Dismissal Claim in Ontario
In Ontario employment law, a wrongful dismissal a legal claim by an employee that their employer terminated their employment without a valid legal reason or justification. As discussed previously on this employment law blog, an employee's job may cease for various reasons, such as: voluntary
Severance Pay in Ontario
Severance Pay in Ontario Employment lawyers are often tasked by employee clients to negotiate a severance package or obtain their fair share of Severance Pay from their employer. What is it? In Ontario, it refers to compensation that is paid to an employee as a result of losing their job. It
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,
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
How to Deal with a Wrongful Dismissal – Ontario Employees
How Are Wrongful Dismissal Cases Resolved in Ontario? When it comes to termination of employment and wrongful dismissals, employment lawyers typically deal with a wide range of different scenarios. The following describe a few examples: 1. The "New Manager/Owner" Scenario: The employee has been