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Current Issues

Equal Opportunity Employment – December 2016

EQUAL OPPORTUNITY EMPLOYMENT Equal opportunity employment is an important goal and is in line with the employment equity goals of the Charter of Rights and Freedoms, existing Federal employment legislation, and the Human Rights Code. Employment equity is mandated for federal employers pursuant to the Employment Equity Act which mandates reporting requirements with respect to the number of visible minorities, including women. Other employers are left to

Active Employment Clauses Lose Their Luster – November 2016

“ACTIVE EMPLOYMENT” CLAUSES LOSE THEIR LUSTER For years, employers have relied on bonus language requiring “active employment” to earn a bonus. From a company’s standpoint, this meant that an employee had to be physically working on the date of a bonus payout in order to be eligible for one. Practically speaking, this approach meant that: a) employees could be deprived of a bonus for the year in which they leave the company; and b) severance packages did not…

Post-Termination Bonuses – September 2016

POST-TERMINATION BONUSES We were starting to see the trickle-down effect of the Supreme Court of Canada’s 2014 decision in Bhasin, which imposes an obligation of good faith in contractual dealings.In July 2016, I wrote a well-received article which appeared in Canadian Lawyer magazine: (http://www.canadianlawyermag.com/6112/The-Bhasin-effect-on-post-termination-bonuses.html) . The article canvassed conflicting case law post-Bhasin dealing with post-termination…

Dismissed for Discriminatory Reasons? You Might be Able to get Your Job Back – August 2016

DISMISSED FOR DISCRIMINATORY REASONS? YOU MIGHT BE ABLE TO GET YOUR JOB BACK. Our court system recognizes that when a (non-union) employee is unjustly or wrongfully terminated, the aggrieved individual is entitled to monetary relief. While money is an imperfect measure for the loss of one’s job or self-esteem, for better or worse, it is the prevailing remedy in our judicial system. Courts do not force an employer to apologize for wrongdoing, take back an…

 

Past Issues

W & L case Rewards 60-year employee and sets precedent regarding the duty of search for comparable employment – May 2015

Paid Administrative Suspensions Can amount to Constructive Dismissal – April 2015

Ontario Judge Aware Human Rights Damages in Wrongful Dismissal Suit – March 2015

He’s a Drunk- can’t I fire him for that? – February 2015

Are Unpaid Internships Legal? – December 2014

Confidentiality Clauses with Teeth – November 2014

Court confirms notice for ‘dependant’ contractors – October 2014

Enforcing written employment contract – September 2014

Workplace conflicts and disability claims – August 2014

Brave new world: Mental stress and WSIB benefits – July 2014

More Statutory Leaves of Absence are Coming to Ontario – Are You Ready? – June 2014

Double-dipping on pension and severance – May 2014

Regulating workplace attire – April 2014

Encouraging news for frustrated employers – March 2014

When is enough, enough? a cautionary tale worth a half million dollars – February 2014

You Can’t Fire Me, I Complained About Workplace Harassment! – January 2014

Holiday parties and corporate liability – December 2013

All play and no work makes Jack unemployed – November 2013

Lack of evidence fatal to employer’s claim of breached non-competition clauses – October 2013

Cause No Longer Required for Canada Labour Code Dismissals – September 2013

Beware of the Long Reach of the Human Rights Tribunal in Ontario – August 2013

Misclassification of Workers Can Be Costly – July 2013

Termination for Cause Highlights Significance of Confidentiality and Privacy – June 2013

Does Fair Go Too Far? – May 2013

Director Jailed For Failing to Pay Wages – April 2013

Just Cause at Common Law Might Not Be Enough – April 2013

Where Employee Discipline Crosses the Line – March 2013

Is a Workplace Computer Private? – January 2013

The 2012 Year-end Employer Checklist – December 2012

Terminated employees may be on your payroll longer than you think: Who is liable for terminated employees’ disability benefits? – December 2012

The Taxation of Severance Packages – November 2012

Employees and Confidential Business Information – October 2012

A Fixed Notice Period will not be Reduced when the Employee Finds a New Job – September 2012

Employer’s Failure to Invest in Proper Employment Contract Leads to Significant Damages – August 2012

Poison Pens and Petulant Employees – July 2012

The Working Notice Period: What Employers Should Know – April 2012

Advice on navigating the murky waters of constructive dismissal and reductions in employee remuneration – March 2012

A Guide to Garnishments – February 2012

Non-solicitation Provisions: Good Luck Enforcing Them! – November 2011

“Blunder” a Workplace Investigation and Pay the Price – October 2011

How to Avoid a $2.5 Million Lawsuit with Valid Entire Agreement Clause – August 2011