Geoffrey Lowe - Articles & Videos
Performance Improvement Plans: Paper the File or A Real Commitment to Improvement?
A PIP can help an employee pull themselves out of a tailspin, but we also see employers use it as code for papering a file to justify dismissal for cause.
Court Orders Production of Unredacted Documents
The recent decision in Jarvis v The Toronto-Dominion Bank provides some clarity on what redactions a court will permit – and what information an employer needs to disclose.
When is a Resignation Not a Resignation?
At law, a resignation is not effective unless the employee’s intentions are “clear and unequivocal”, and the employer has accepted the employee’s resignation. While this appears simple, in practice this rule has been expanded
Government of Ontario Introduces “Working for Workers Five Act”
If enacted, the Working for Workers Five Act will revise several Ontario employment laws, including the Employment Standards Act, 2000 and the Occupational Health and Safety Act.
Defamatory Reference Provided by Past Employer Leads to Damages
If you as an employer are going to give a negative reference for a former employee, you better be sure that you have all the facts and evidence to support it.
Always Consult a Lawyer!
The Ministry of Labour has its limits. Always consult an employment lawyer so you know you have explored all your options!
Default Proceedings? Not So Fast!
Let’s assume you commence a legal action, and the defendant doesn’t bother to defend; does that mean that you simply get what you claimed without having to go through the litigation process? Not quite.
Successor Employer: Court Found Asset Purchaser Had “Going Concern”
In an asset purchase, the employee’s employment terminates, unless the purchaser offers the employee employment, and the employee accepts.
Court Confirms Test for Proper Location of Proceeding
You’re located in Ontario and want to sue someone in another province regarding a loss you suffered in Ontario. No problem, right? Like many aspects of the law, however, it’s not always that simple.
Tort of Harassment Rediscovered in Alberta
Whether this will be an interesting piece of trivia or binding law remains to be seen. For right now, however, harassment as a cause of action once again exists in Canada’s legal system.