Rudner Law Blog

Employees who are induced, then subsequently dismissed, are entitled to an extended notice period, similar to how seasonal employment would extend a notice period.

While seasons matter in employment law, good contracts are evergreen. This is true even for seemingly temporary seasonal employees.

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.

When an employee commences a lawsuit against their former employer, they often want to see the matter move forward quickly without delay. Suppose the defendant causes significant delay in delivering their statement of defence – can the defendant bring default proceedings against them?

On October 28, 2024, the Working for Workers Five Act received Royal Assent and became law. It includes amendments to a number of Ontario employment laws.

Employers of all stripes make similar mistakes by assuming that because the ESA requires no notice for employees with less than three months of service, they are “probationary” employees and thus have no obligations towards them.

Choosing the proper forum is an important decision every time a lawsuit is commenced. Getting it wrong can cause you to lose out on a significant cost award if your claim is successful.

Whether you are an employer or an employee, you have rights and obligations at each stage of the relationship and you do not have to necessarily “tolerate” ghosting from the other side.

In the recent decision, the Ontario Superior Court of Justice provided another reminder that saving provisions in an employment agreement will not save a termination provision which violates, or has the potential to violate, the requirements of the Employment Standards Act, 2000.

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.

Constructive dismissals are like onions – they have many layers. Whether you are an employee or an employer, you should consult HR counsel.

There are circumstances in which a former employee’s physical or mental condition will be made directly relevant to the action based on the allegations in their wrongful dismissal claim.