Ontario Courts Continue to Strike Down Improperly Drafted Termination Clauses
For some time now, it has been clear that Ontario courts are taking a no-nonsense approach to the interpretation of termination clauses.
Wrongful Dismissal Claim + Turning Down Reasonable Work = Sacrificing Severance Entitlements
You’ve heard of Girl Math, but let’s do some HR Math. If you are pursuing a wrongful dismissal claim, and you are offered reasonable new work, but you turn it down, you could be sacrificing a significant amount of severance entitlements.
Your Termination Clause May Be Invalidated “At Any Time”
A recent unpublished decision of the Ontario Superior Court of Justice determined that simply saying that the employer can implement a without cause dismissal at its “sole discretion” and “at any time” is sufficient.
2023: Employment Law Year in Review
Without further ado, here is the Rudner Law summary of the top HR Law developments of 2023.
Building Services Providers as Employers
In most industries, there is no rule requiring new service providers to hire the employees of previous providers, and any severance obligations are the responsibility of the company that acted as the employer. However, the Employment Standards Act, 2000 and Ontario Regulation 287/01 contain special rules for employees of building services providers.
Locked Up: They Won’t Let Me Out (For My Shift)
What happens if someone is in jail and can’t make it to work? Can they be fired? Or is their contract of employment frustrated? Or does the employer have to keep their job open for them?
OHRC Finds Fighting Between Co-Workers Who Are Relatives Is Not Reprisal
In Leason v. ADAMANDA INC. o/a Dairy Queen Grill and Chill, Huntsville, the applicant brought a reprisal complaint against the respondent employer. In that case, conduct that might have been unlawful in most cases was found not to be, because the parties were all related.
Antisemitism in the Workplace: A Primer for Employees and Employers
As employment lawyers, we are particularly concerned with the rights of employees to have a workplace that is respectful, inclusive and free of harassment and discrimination.
Court Decision on After-Acquired Cause
Can an employer assert just cause for a dismissal that happened years before? Here’s one case where facts came to light after the dismissal.
Reminder: Changes to the Canada Labour Code Take Effect On February 1, 2024
Significant changes to the Canada Labour Code are taking effect as of February 1st, 2024 which will impact federally regulated employers and employees.
What’s in a name? Legally speaking, you may not want that fancy job title.
In this update, Stuart talks about the legal implications of being called a manager, supervisor, or director.
Mitigation Income
A dismissed employee’s damages are subject to mitigation and any income they earn during the common law notice period is to be deducted from the damages owing from their former employer.
