Rudner Law Blog

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.

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.

While dismissals are virtually never mutual, using an exit package allows the employer and the employee to part ways amicably and mutually.

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.

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.

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.

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?

There is an exemption from overtime rules that apply to managers and supervisors, although it is a narrow exemption.