Employers are often challenged with return-to-work cases. It can be difficult for employers to balance their right to a productive workplace with a worker’s fundamental right to equality. So what happens when - during an employee’s leave - the temporary…
“Severance” is a word that is thrown around quite haphazardly by employees and employers alike. Have you ever heard someone refer to a package offered to a departing employee as a “severance package”? Or perhaps you know a friend or…
The Court of Appeal of Ontario revisits termination clauses Over the last few years, we have seen a lot of see-sawing in the courts when it comes to the enforceability of termination clauses in employment agreements. In some recent cases,…
The Ontario Court of Appeal has confirmed that in certain circumstances, it is reasonable for an employer to demand an Independent Medical Examination (“IME”) to determine whether an employee needs accommodation and if so, how. In August 2017, the Court…
Just because you call yourself a contractor, or you treat your worker as one, does not make it so. As one of my Canadian HR Law blog posts discusses, even if both parties choose to define the relationship as one…
Farah v EODC Inc. Will a termination clause be enforceable or will it be thrown out by the courts? Some readers will have reached the conclusion that this is simply a rule of the dice, and in some respects, they…
Unfortunately, we are often consulted by employers that entirely misunderstand the nature of the employment relationship and assume that they have the right to do almost anything they want without repercussion. In many cases, they act accordingly, and expose themselves…
In this edition of The Latest Chapter, we discuss the Changing Workplaces Review, which could trigger the most significant reforms to Ontario’s employment and labour law statutes in decades. We also note the Ontario Court of Appeal’s latest decision in…
