David Gelles - Articles & Videos

In the context of the sale of a business, an employee’s duty to mitigate might require them to accept the same job with the purchaser, even though the vendor-employer technically triggered a termination.

While dismissals are virtually never mutual, using an exit package allows the employer and the employee to part ways amicably and mutually.

With regards to company cars, a good contract would clearly set out each parties’ respective rights and obligations in relation to the car, and what happens once the employment relationship ends.

Workplace trends and concepts circulating TikTok can have potentially dangerous consequences for the employer and employment relationship.

Notice periods are getting longer and courts are open to awarding moral, aggravated, and punitive damages in wrongful dismissal claims.

A dependent contractor typically has a higher degree of autonomy and financial risk than an employee but is economically dependent on the employer as their source of a substantial majority of their income.

An employee’s refusal to get vaccinated constituted frustration of contract in Croke v VuPoint System Ltd.

Whatever the reason, employees who are considering further education often ask: can I take a leave of absence from my job to go back to school?

A recent decision from British Columbia reminds us that even the most bulletproof termination clauses can be rendered unenforceable when the termination is implemented wrongly.

A recent unpublished decision of the Ontario Superior Court of Justice determined that simply saying that the employer can implement a without cause dismissal at its “sole discretion” and “at any time” is sufficient.