The Pitfalls of Dismissing an Employee Without Seeking Legal Advice

By , May 17, 2016 9:31 am

It is always a good idea to call your employment lawyer before an employee’s dismissal even if the employee has signed an iron clad termination clause. Most of my clients do so and sometimes the call helps the client save thousands of dollars. This past week – like most weeks – I had a number of Continue Reading…

The Enforceability of a Termination Clause: When a Hypothetical Situation Can Result in Real Damages

By , May 10, 2016 5:21 pm

In recent years, Ontario courts have been confronted with the question of whether termination clauses that may violate statutory minimum entitlements under the Employment Standards Act (“ESA”) at a future date are void. In Wright v The Young and Rubicam Group of Companies (“Wright”), an employee who was terminated after five years of service was Continue Reading…

How to Get Away with Drug and Alcohol Testing in the Workplace

By , May 5, 2016 9:00 am

The federal government has announced that there will be marijuana legislation in place by next spring, which should fulfill a campaign promise to legalize marijuana. Marijuana would no longer only be legal for medicinal purposes, but also recreationally. Federal Health Minister Jane Philpott has said that “[w]hile this plan challenges the status quo in many Continue Reading…

Accommodating Disabled Employees: Can an Employee Demand to Work at a Different Workplace?

By , May 3, 2016 9:15 am

Accommodating Disabled Employees I have written a number of blogs on the challenges associated with accommodating employees with mental disabilities. I have also blogged on the new obligations that were imposed on employers with 50 or more employees earlier this year with respect to disabled employees including the requirement to prepare a written accommodation plan. Continue Reading…

How much Notice of Termination is a Probationary Employee Entitled to Receive?

By , April 26, 2016 9:00 am

I draft employment contracts for most of my employer clients. When doing so I always ask whether the employer wants to include a probationary period clause in the contract. A recent case highlights some of the issues that arise when there is a probationary clause in an employment contract. In this particular case, an employee who Continue Reading…

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