When Will You Need an Employment Lawyer? As an employment lawyer in Toronto, I am regularly asked to assist both businesses and employees with a whole range of workplace matters. In this blog, we discuss a few key points in terms of how an employment lawyer can assist either an employee or employer
Another one Bites the Dust: Employment Contract Termination Clause Found Legally Invalid
Over the past several years, numerous court decisions in Ontario have helped shed light on (although some would say confound) the issue of what it takes to uphold a termination clause in an employment contract. Slowly but surely, the courts have poked holes in the ability of employers to establish
Can My Employer Force me to Retire Because I’m Older?
First thing's first: there is no such thing as mandatory retirement in Ontario. Although age 65 is the often cited "retirement age," there is, in fact, no specific age in Canada where employees are expected (or can be forced) to retire. Why? Because human rights law does not allow mandatory
Termination for Cause and Wrongful Dismissal: What Does it all Mean?
As an employment lawyer, I am typically asked to determine whether an employer has justification to fire an employee "for cause." Basically, these are situations where an employer is so upset about an employee's workplace behaviour that it fires them on the spot, and refuses to provide prior notice
Termination of Employment for Just Cause – Here’s All You need to Know
What is Just Cause for Dismissal The courts in Canada have described just cause for dismissal as "capital punishment of employment law." Why? Because it is supposed to be an employer's last resort when disciplining an employee for misconduct. As a result, proving a termination for just cause is
The Impact of Pregnancy on Termination of Employment
Pregnancy Entitles Employee to More Severance Pay in Termination of Employment When it comes to deciding an employee's rights in a termination of employment (wrongful dismissal) case in Ontario, the courts generally take into account the following "Bardal" factors to determine how much severance
New Tort of Internet Harassment in Ontario
Tort of Internet Harassment As employment lawyers, we regularly assist employees with workplace harassment issues. Broadly speaking, Ontario's Occupational Health and Safety Act ("OHSA") defines it as: "engaging in a course of vexatious comment or conduct against a worker in a workplace that is
Termination of Employment in Ontario – Employer Obligations to their Employees
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