Court: illegality of “for cause” termination provision in employment agreement does not taint distinct “without cause” termination provision
An Ontario summary judgment decision released October 3, 2019 has confirmed that an enforceable “without cause” termination clause is not unenforceable on the sole basis that, elsewhere in the employment contract, the “for cause” termination clause violates the Employment Standards Act, 2000…Continue reading the post titled Court: illegality of “for cause” termination provision in employment agreement does not taint distinct “without cause” termination provision
Ontario court: purchaser in asset transaction cannot rely on release between employee and seller
“Privity of contract” is a common law tradition. The rights and obligations imposed by contracts are private – strangers to the contract generally have no entitlement to enforce such rights or obligations. But what happens when the employee of the seller of a business sues the buyer for wron…Continue reading the post titled Ontario court: purchaser in asset transaction cannot rely on release between employee and seller
Risky Business: Alleging Cause if You Don’t Have It
So you have a problem employee that you want to terminate. Your employment lawyer reminds you that you would owe nothing to the employee in a “for cause” termination, but that it’s unlikely that you could prove cause in the circumstances. She then goes on to assess your common law reasonab…Continue reading the post titled Risky Business: Alleging Cause if You Don’t Have It
Beyond “9 to 5”: Understanding Ontario’s Overtime Rules
Aside from some “tweaks”, not much has changed when it comes to the Ontario’s overtime rules in many years. Why then do I see so much employer non-compliance? Are employers unaware of their overtime rights and responsibilities? Or do they simply choose not to comply and hope no one com…Continue reading the post titled Beyond “9 to 5”: Understanding Ontario’s Overtime Rules
Termination Clause Update: The Unclear Impact of Andros v. Colliers Macaulay Nicolls Inc., 2019 ONCA 679
I have previously discussed the enforceability of termination clauses in former blog posts, available here and here. In short, a long history of inconsistent and amorphous case law has created significant uncertainty among lawyers attempting to advise their clients about whether a given term…Continue reading the post titled Termination Clause Update: The Unclear Impact of Andros v. Colliers Macaulay Nicolls Inc., 2019 ONCA 679
What can you ask for in a medical certificate?
Many employers have often had the experience of receiving a vague doctor’s note from an employee that reads something along the lines of, “this individual is unable to work for X weeks”. Employers are left wondering: Why? Can I be sure this is legitimate? Is the employee likely to return aft…Continue reading the post titled What can you ask for in a medical certificate?
We (do not?) have a deal: Mutual agreement on essential terms will make settlement binding
Consider the following scenario. A business gives advance written notice of termination to one of its employees. At the same time, the business delivers to the employee a letter offering a termination package (i.e., a settlement agreement) that exceeds the employee’s minimum entitlements und…Continue reading the post titled We (do not?) have a deal: Mutual agreement on essential terms will make settlement binding
Accommodation is a Two-Way Process
The case of Joseph v. Tecumseh Community Development Corporation (2019 HRTO 635) is a good reminder that the process of accommodating human rights in the workplace is a cooperative one, requiring effort and information by both parties. In this case, Ms. Joseph forwarded a human rights comp…Continue reading the post titled Accommodation is a Two-Way Process
Truth or Lies: Providing Employment References
Are you one of the growing numbers of Canadian employers who are reluctant to provide employment references for former employees? Concerned you are going to be sued by a former employee for defamation if your reference is not positive enough? Concerned that you are going to be sued for mis…Continue reading the post titled Truth or Lies: Providing Employment References
Can an Employee Declare Frustration of the Employment Contract?
More often than not, the employer asserts frustration of the employment contract when an employee is absent on a lengthy medical leave and there is little prospect of a return to work in the foreseeable future. Employers often want to get these employees “off the books”, even though it mean…Continue reading the post titled Can an Employee Declare Frustration of the Employment Contract?