Can A Claim Be Brought Even When There is A Full and Final Release?
The question that I ask today, and I will answer today, is whether, despite having that full and final release, a claim can be brought. And the simple answer is yes, there are circumstances where courts will allow someone to bring a claim even after they signed a full and final release.
Enforcing Employment Standards Act is not a constructive dismissal
It is not unusual to hear about workers that work through their lunch break in order to leave early and have a condensed work day, or to store up the extra time and be able to leave early on Friday, thereby creating a condensed work week. While this might sound good in theory, the problem is that it is a breach of employment standards legislation. And that exposes the employer to liability.
Bill 47, Making Ontario Open For Business Act, 2018
On October 23, 2018, the Ontario government introduced Bill 47, Making Ontario Open For Business Act, 2018, which repeals many provisions of the previous Liberal government’s Fair Workplaces, Better Jobs Act, 2017 (commonly known as Bill 148).
Advanced HR Law Course
Last week, the 2018 edition of the Osgoode Certificate in Advanced Human Resources Law for Senior HR Executives kicked off with the first two days of classes.
Damages In A Wrongful Dismissal Claim
In this case, I want to talk about the case of Ocean Nutrition Canada v. Matthews, which comes out of Nova Scotia, and this deals with the types of damages an employee is entitled to in a wrongful dismissal claim.
It’s Election Day – But It May Not Mean Extra Time Off From Work
Ontario employees who are eligible to vote are allowed 3 consecutive hours to do so without a reduction in pay. However, this may not mean extra time off – employers only have to make adjustments if an employee’s schedule today would not otherwise allow them the time to vote.
Employers Can Be Responsible for Significant Mitigation Costs
There are certain circumstances in which the duty to mitigate does not arise. The first is where there is a termination clause in an employee’s employment agreement which does not expressly require an employee to mitigate their damages during the applicable period of notice. The second is with respect to an employee’s minimum statutory entitlements under employment standards legislation, including an employee’s entitlement to notice/Termination Pay and Severance Pay, which an employee is entitled to receive regardless of their mitigation efforts.
Thanks But No Thanks: Can Employees of the Vendor Company Reject an Offer of Employment from a Purchaser?
There is a reason that corporate lawyers often ask for input from their employment law colleagues when a business is in the process of being sold. The issue of what happens to employees upon the sale of a company can be highly complex and depends on the nature of the sale.
Don’t Call It A Comeback: What happens when the #metoo accused resurface
This time last year, comedian Louis CK’s career was on top of the world. He had several television production deals in the works, his live appearances could sell out practically any venue, and he was beginning to take on dramatic film work as well. Then, as the #metoo movement began to gain steam, CK admitted to the truth of numerous accuser’s stories – that he had committed numerous acts of sexual misconduct and indecent exposure. CK’s career success came to an instant halt.
Personal Emergency Leave in Ontario
Prior to January 1st, 2018, employers with 50 or more employees were obligated to provide employees with ten unpaid “Personal Emergency” days. Bill 148 eliminated the 50 employee threshold, and introduced a new requirement that the first two days of the ten-day entitlement be paid.
When Can an Employer Consider an Employment Contract “Frustrated”?
An employee being away from the workplace for a significant length of time is often a frustrating experience for both employers and employees – but when will this situation actually result in the frustration of the employment contract itself?
Potential Damages in Wrongful Dismissal
Usually when we talk about damages for wrongful dismissal, we look at the number of months, we try to calculate what a month is worth and we take into account salary, bonuses, commission, benefits, car allowance, pension, etc. And when we negotiate a settlement, we might throw in a token amount for the cost of finding new work, but that’s usually an afterthought.