Geoffrey Lowe - Articles & Videos
Ontario Legislature Sets July 1, 2025, for Digital Platform Workers’ Rights Act
Nearly everyone has used a rideshare app to get where they need to go or a food delivery app to get something delivered. Few of us ever consider the work arrangement of the person delivering us or our food to the destination.
Court Awards Damages for Employee’s “Inconvenience”
A further expansion to the concept of damages recently happened in Khanom v. Idealogic PDS Inc., where damages were rewarded for “inconvenience” resulting from the employer’s conduct.
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.