New court case necessitates review of termination clauses in employment contracts

By , September 27, 2016 8:51 am

  Some employment contracts have termination clauses which state that an employee will receive notice of termination “in accordance with the Employment Standards Act” or words to that effect. The purpose of this clause is to take away the employee’s right to common law reasonable notice of termination. In 2000 an Ontario Superior Court judge Continue Reading…

When Can an Employer Terminate an Employee for Just Cause?

By , September 20, 2016 10:10 am

“Just Cause” is a legal term that describes when employers are justified in terminating an employee without providing the employee any notice of termination. In a recent decision, the Court found that a teacher’s misconduct was serious enough to warrant a just cause termination. The Case, Fernandes v. Peel Educational & Tutorial Services Limited. A Continue Reading…

The Cost of Not Conducting a Proper Workplace Investigation

By , September 14, 2016 10:20 am

There are many contexts in which an employer may have to conduct an investigation. For example, the Occupational Health & Safety Act now requires employers to have a written workplace harassment investigation procedure in place. The Ministry of Labour has taken the position that the person assigned to investigate workplace harassment complaints “must receive information Continue Reading…

Employer Alert: Employment Contracts May Need to Be Amended Because of a Recent Court of Appeal Decision

By , August 22, 2016 10:09 am

Bonus plans in employment contracts are a great way to motivate, reward and retain employees. Many of these bonus plans have built-in conditions that must be met before these bonuses are paid out. For example, an employee must be actively employed at the time the bonus is paid. Increasingly, the courts are being asked to Continue Reading…

Employer Alert: Report Discusses Possible Changes to Ontario’s Employment Standards Act

By , August 11, 2016 4:04 pm

On July 27, 2016 a report  concerning possible changes to the Employment Standards Act (the “ESA”) was released following extensive public consultations. This blog addresses 3 of the 50 or so issues that are raised in this report. Over 225 options to address these issues are contained in this report. 1.Who is an employee? For Continue Reading…

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