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9th Feb 2018

Generally speaking, courts have been more sympathetic towards employees dismissed for intoxication; this is due to human rights tribunals viewing drug and alcohol addiction as a disability protected by prohibited grounds of discrimination under human … Read More

18th Dec 2017

Usually, an employer may choose to terminate an employee by providing ‘reasonable notice’ of termination or payment in lieu equivalent to earning that would have been paid during the notice period. This is the case … Read More

The doctrine of ‘near cause’ has been settled for some time now. The near cause doctrine, in principle, allows an employer to reduce the amount of severance or ‘notice pay’ owed to an employee when … Read More

An employer may be justified in terminating an employee without notice for failing to obey an order in certain circumstances. The order must be unambiguous and connected to a legitimate workplace purpose, and the employer … Read More

2nd Nov 2017

Employers should be familiar with the concept of frustrated contracts in employment law. Frustration considers what the parties (employer and employee) could reasonably contemplate at the time the employment agreement was made. Put simply, when … Read More

1st Nov 2017

There are various ways an employer may end an employment relation. An employer may end a contact by offering an employee advanced notice or equivalent payment of wage and benefits required under legislation or common … Read More

17th Oct 2017

It is common knowledge for employment probationary periods to last for three months from the commencement of the employment relation. Under minimal standards employment law (for example, the Employment Standards Act in Ontario), employers do … Read More

2nd Oct 2017

In the case of Howard v. Benson (2016), the Ontario Court of Appeals cleared up any uncertainty regarding employers ending fixed-term employment contracts prematurely. In the case, the court ruled that fixed-term employment contracts require … Read More

18th Sep 2017

It is exceedingly important that businesses have clear policies and procedures in place to address workplace violence, which comply with the statutes that govern workplace violence – including the Ontario Occupational Health and Safety Act.  … Read More

15th Aug 2017

Bonuses may make up a significant portion of pay for executives, senior managers, and other high skilled employees. Upon termination of the employment relation, notice or pay in lieu is meant to place an individual … Read More