Rudner Law Blog

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.

A recent decision out of Alberta held not only that an employer had cause to terminate the employment of its President and CEO, thus fully defeating his claim for wrongful dismissal, but also that the executive was personally liable for damages.

We have said it many times before: temporary layoffs are constructive dismissals in almost every (non-unionized) situation. And as far back as March 24, 2020, we warned that the COVID-19 pandemic did not change that.

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.

The Ministry of Labour has its limits. Always consult an employment lawyer so you know you have explored all your options!

Here we explore the various avenues available to employees dealing with workplace harassment in Ontario, even when the recognized “tort of harassment” remains elusive.

It is crucial that any federally regulated employers review their employment agreements as soon as possible to ensure that they meet these new minimum standards.

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.

Depending on the stage that the lawsuit is in, amending a pleading can go from very simple to very complicated.

As we have seen in recent years, many organizations, including the banks, go through regular downsizings that involve mass terminations. What does this mean from an employment law perspective?

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.

Before putting pen to paper, it’s crucial to know exactly what a non-solicitation clause is about, and the consequences of agreeing to it.