Alex Minkin - Articles & Videos
The Court of Appeal Clarifies the Need for Consideration in Employment Contracts
A recent decision of the Court of Appeal for Ontario could have significant implications on the legal requirement for fresh consideration in employment contracts.
Accepting New Employment During a Temporary Layoff
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.
Ontario Court of Appeal sides with Fixed-Term Employee
A recent decision of the Ontario Court of Appeal examined the intersection of two areas of employment law: termination clauses and fixed-term contracts.
Building Services Providers as Employers
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.
Court Decision on After-Acquired Cause
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.
Mitigation Income
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.
Moral Damages Awarded to Dismissed Employee
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 Fixed Term Contracts
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.
“Salary” Doesn’t Mean Only Base Pay
The recent Court of Appeal decisions of Maynard v. Johnson Controls Canada LP and Nader v. University Health Network suggest that “salary” doesn’t mean base pay alone, and that the employer could be liable for other elements of compensation, including bonus payments.
Appealing Court Decisions
Clients often ask us what the process would be for appealing a Court decision, and understanding your rights to appeal are important for deciding which steps to take in your case.
