Choosing the Wrong Court can have Cost Consequences
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.
Ghosting in (Employment) Relationships
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.
Reminder: Saving Provisions Will Not Save an Unenforceable Termination Clause
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.
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.
We Are Never Ever Getting Back Together… Unless? (The Rudner Law Version)
Constructive dismissals are like onions – they have many layers. Whether you are an employee or an employer, you should consult HR counsel.
Another Independent Medical Examination Ordered in the Context of a Wrongful Dismissal Case
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.
We Are Never, Ever Getting Back Together… Unless?
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.
Friends with your Ex(it package)
While dismissals are virtually never mutual, using an exit package allows the employer and the employee to part ways amicably and mutually.
Case Law Update: COVID-19 Vaccination Policies and Frustration of Contract
In a recent decision, the Ontario Court of Appeal upheld a 2023 decision of the Superior Court of Justice which found that an employment relationship had become frustrated as a result of an employee’s refusal to comply with a mandatory vaccination policy.
No One Gets Far in a Getaway Car
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.
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 Independent Medical Examination of Former Employee
In wrongful dismissal lawsuits, the former employee’s medical condition can sometimes become an issue for the Court to consider. To what extent can the employer test this medical condition through a Court-ordered independent medical examination of the employee?