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 misre…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 means…Continue reading the post titled Can an Employee Declare Frustration of the Employment Contract?
Not-so-breaking news: You may not contract out of the Employment Standards Act, 2000
In a previous blog, I discussed recent cases discussing the enforceability of termination clauses in employment agreements. In Ariss v. NORR Limited Architects & Engineers, 2019 ONCA 449, a Court of Appeal decision released on May 30, 2019, the Court confirmed that employees and employe…Continue reading the post titled Not-so-breaking news: You may not contract out of the Employment Standards Act, 2000
How do the Mass Termination Provisions of Ontario’s Employment Standards Act, 2000, work?
In Ontario, the Employment Standards Act, 2000 (“ESA”), provides for certain rules when an employer terminates at least 50 or more employees in one of its establishments within a 4 week timeframe. In such a situation, the ESA requires that the employer: Provide a more generous provision of n…Continue reading the post titled How do the Mass Termination Provisions of Ontario’s Employment Standards Act, 2000, work?
Bill 66 Changes: Is “less pay for overtime” an accurate headline?
You may have seen this headline last week, and wondered how it will affect your organization. The answer is likely either “not at all” or “not much”. Prior to the passage of Bill 66, the Restoring Ontario’s Competitiveness Act, 2019, approval from the Director of Employment Standards was req…Continue reading the post titled Bill 66 Changes: Is “less pay for overtime” an accurate headline?
Divisional Court: employees with mental stress injuries suffered at work must receive benefits though workers’ compensation; may not sue for damages
The Workplace Safety and Insurance Act (the “WSIA”) is the cornerstone of Ontario’s workers’ compensation system. The basic principle of the WSIA is the “historic compromise” between employees and employers: in exchange for the benefit of no-fault insurance benefits for workplace injuries an…Continue reading the post titled Divisional Court: employees with mental stress injuries suffered at work must receive benefits though workers’ compensation; may not sue for damages