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Will a Judge Enforce the Termination Clause in Your Employment Contract?

By , August 14, 2018 10:27 am

An employer can significantly reduce the amount of termination pay that it would otherwise owe an employee by including a termination clause in an employment contract.

Secretly Recording Conversations at the Workplace: A Slippery Slope

By , August 9, 2018 5:12 pm

Clients often ask me whether a supervisor or manager can record a conversation with a subordinate without the subordinate’s knowledge. As technology has advanced to the point that we all have recording devices in our pockets (i.e. our smartphones), this issue will only become more prevalent in the workplace. The first question I am usually Continue Reading…

Can An Employee’s Off-Duty Behaviour Constitute Just Cause for Termination?

By , August 8, 2018 12:34 pm

We receive calls from employers asking whether they can terminate an employee for off duty conduct. Unfortunately there is not an easy answer. This blog discusses two cases of similar off-duty conduct. A judge found the employer did not have just cause to terminate in one case whereas in the other case the judge concluded Continue Reading…

Is an Employer Required to Provide a Bonus to an Employee Who is Not Employed on the Date the Bonus is Paid?

By , July 31, 2018 1:05 pm

What is an employer’s responsibility to pay bonuses to an employee who resigns after the year in which he or she earns a bonus, but before payment has occurred? The Ontario Court of Appeal (“OCA”) tackled this question once again in Bois v MD Services, 2017 ONCA 857. Facts The appellant, Mark Bois, worked for Continue Reading…

A Benefit of Working Past 65: Employee Benefits Must Continue

By , July 31, 2018 12:21 pm

A recent human rights decision may result in Ontario employers paying higher premiums for group employee benefit plans. Mr. Talos was a secondary school teacher and decided to keep teaching after he turned 65 years old even though he could retire and receive a pension and other government benefits. He was financially motivated to continue Continue Reading…

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