Alex Minkin - Articles & Videos

In wrongful dismissal lawsuits, the former employee’s medical condition can sometimes become an issue for the Court to consider. To what extent can the employer test this medical condition through a Court-ordered independent medical examination of the employee?

There is an exemption from overtime rules that apply to managers and supervisors, although it is a narrow exemption.

A recent decision of the Court of Appeal for Ontario could have significant implications on the legal requirement for fresh consideration in employment contracts.

The answer is not the same in every circumstance; however, in two recent cases, it was found that an employee on temporary layoff had not resigned by accepting new employment elsewhere.

A recent decision of the Ontario Court of Appeal examined the intersection of two areas of employment law: termination clauses and fixed-term contracts.

In most industries, there is no rule requiring new service providers to hire the employees of previous providers, and any severance obligations are the responsibility of the company that acted as the employer.  However, the Employment Standards Act, 2000 and Ontario Regulation 287/01 contain special rules for employees of building services providers.

Can an employer assert just cause for a dismissal that happened years before? Here’s one case where facts came to light after the dismissal.

A dismissed employee’s damages are subject to mitigation and any income they earn during the common law notice period is to be deducted from the damages owing from their former employer.

When dismissing an employee, the employer is expected to treat the employee fairly and respectfully, and in good faith. Acting in bad faith can attract awards of damages in addition to the damages normally awarded for wrongful dismissal. 

Terminating a fixed term contract can result in significant liability for a company, even when that contract is for an independent contractor rather than an employee.