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Court Strikes Employer’s Claim Against Former Employee

Court Strikes Employer’s Claim Against Former Employee

In a recent decision, Geopro Consulting Ltd v. Nyland, the Ontario Superior Court of Justice struck down an employer’s lawsuit against a former employee who had reported the company to its professional regulator, triggering an investigation. The case serves as a powerful reminder of the robust protections afforded to individuals who share information with professional regulators, and highlights the risks of pursuing frivolous claims against former employees.

Calculating Bonuses

Another Employer Becomes a Precedent

An employee earns a substantial amount of money each year in variable bonuses. Are they entitled to that bonus as part of their severance? If so, how do you assess what they should get when the amounts varied greatly from year to year?

Can employer take money from an employee for poor job and lost sales revenue?

Payback? Not So Fast

One of your employees has really done it this time. This is not the first time, and you warned the employee that a repeat of this behaviour may result in their dismissal for cause. So, you dismiss the employee for cause. The employee will be gone but the impact of their mistake remains. Can you recoup these funds from the employee, either by withholding the outstanding amount from the employee’s final paycheque or by suing the employee?

Court of Appeal Agrees that Termination Clause is Unenforceable

Court of Appeal Agrees that Termination Clause is Unenforceable

The recent Court of Appeal decision in De Castro v. Arista Homes Limited follows the current trend of courts frequently striking down termination clauses in employment contracts. In that decision, the Court of Appeal sided with the employee and upheld an award of damages that was far greater than the compensation set by the employment contract. This should serve as another reminder to employers of the significant liabilities they may face in a wrongful dismissal lawsuit and the need to have carefully drafted and up-to-date employment contracts.

employer obligations election day

Reminder: Employer Obligations on Election Day

As we approach an election, it’s important that employers understand their obligations and employees understand their rights for voting.

Maximum Hours of Work: Can An Employee Be Asked to Work Extra Hours?

Maximum Hours of Work: Can An Employee Be Asked to Work Extra Hours?

Even with an Excess Hours of Work Agreement, there are limits on how many hours an employee can be required to work.

Legislative Update: Upcoming Changes to the ESA and the OHSA Effective July 1, 2025

Legislative Update: Upcoming Changes to the ESA and the OHSA Effective July 1, 2025

The Ontario government has provided clarification on a few notable changes introduced in Bill 190 and earlier legislative updates.

Legislative Update: New Job Posting Requirements Will Take Effect January 1, 2026

Legislative Update: New Job Posting Requirements Will Take Effect January 1, 2026

New job posting requirements will only apply to employers with 25 or more employees on the day the publicly advertised job posting is posted.

Ontario Legislature Sets July 1, 2025, for Digital Platform Workers’ Rights Act

Ontario Legislature Sets July 1, 2025, for Digital Platform Workers’ Rights Act

Nearly everyone has used a rideshare app to get where they need to go or a food delivery app to get something delivered. Few of us ever consider the work arrangement of the person delivering us or our food to the destination.

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