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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…

The Benefits of Failsafe Provisions

By , July 17, 2018 8:53 pm

The Ontario Court of Appeal recently released a decision on the enforceability of termination clauses in employment agreements that contain failsafe provisions. Background A “failsafe provision” is a portion of a termination clause that provides that, regardless of what the termination clause provides, an employee who is terminated on a without cause basis will always Continue Reading…

Don’t Let Cannabis Laws Leave You Dazed and Confused

By , July 17, 2018 11:03 am

In October, smoking or ingesting cannabis will be legal in Canada. Does your business have policies and procedures in place to handle this transition? The federal government has passed legislation that will make cannabis legal, giving the provinces power to control how it will be used and sold. This historic change is likely to lead Continue Reading…

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