Employer Fails to Comply with Termination Clause, Resulting in Massive Liability

Employer Fails to Comply with Termination Clause, Resulting in Massive Liability Employer Fails to Comply with Termination Clause, Resulting in Massive Liability March 14, 2025 Attention Ontario Employers: Courts Invalidate Termination Clauses for New Reasons Attention Ontario Employers: Courts Invalidate Termination Clauses for New Reasons March 12, 2025 Employers Must Prepare for a Trade War - Reducing Staffing Costs and Minimizing Liability Employers Must Prepare for a Trade War - Reducing Staffing Costs and Minimizing Liability February 19, 2025
Employers Must Accommodate Employees’ Family Status Needs, Not Preferences Employers Must Accommodate Employees’ Family Status Needs, Not Preferences February 04, 2025 New Ontario Job Posting and Hiring Process Requirements Come into Effect on July 1 New Ontario Job Posting and Hiring Process Requirements Come into Effect on July 1 January 30, 2025 Attention Employers – Ontario Passes Bill 229, the Working for Workers Six Act, 2024 Attention Employers – Ontario Passes Bill 229, the Working for Workers Six Act, 2024 January 16, 2025
A Moving Target Ontario Employers Face Challenges in Enforcing Termination Clauses A Moving Target Ontario Employers Face Challenges in Enforcing Termination Clauses November 05, 2024 The Challenges of Addressing Drug and Alcohol Impairment in Safety-Sensitive Workplaces The Challenges of Addressing Drug and Alcohol Impairment in Safety-Sensitive Workplaces November 04, 2024 Protecting Your Business Against Former Employees Protecting Your Business Against Former Employees October 18, 2024
Officers and Directors in Ontario Increasingly Face Prosecution for Breaching Workplace Health and Safety Obligations Officers and Directors in Ontario Increasingly Face Prosecution for Breaching Workplace Health and Safety Obligations August 11, 2024 Arbitrator Rules that Union Steward Taking Scuba Diving Lessons During Workday Was Union Business Not Time Theft Arbitrator Rules that Union Steward Taking Scuba Diving Lessons During Workday Was Union Business Not Time Theft August 03, 2024 Appellate Court Affirms that Employees Contract Was Frustrated by Mandatory Vaccination Requirement Appellate Court Affirms that Employees Contract Was Frustrated by Mandatory Vaccination Requirement July 23, 2024
Ontario Employers Unique Strategy to Bolster Non-Compete Enforceability is Unsuccessful Ontario Employers Unique Strategy to Bolster Non-Compete Enforceability is Unsuccessful July 14, 2024 Federal Government Passes Anti-Scab Legislation Which Will Come into Effect June 20 2025 Federal Government Passes Anti-Scab Legislation Which Will Come into Effect June 20 2025 July 09, 2024 Human Rights Tribunal Rules that Employer Discriminated Against Transgender Employee Human Rights Tribunal Rules that Employer Discriminated Against Transgender Employee June 14, 2024
House of Commons Unanimously Passes Federal Anti Scab Legislation House of Commons Unanimously Passes Federal Anti Scab Legislation June 13, 2024 Employees Online Misconduct While Off-Duty Can Establish Cause for Their Dismissal Employees Online Misconduct While Off-Duty Can Establish Cause for Their Dismissal June 05, 2024 Attention Employers - Ontario Proposes Bill 190 the Working for Workers Five Act 2024 Attention Employers - Ontario Proposes Bill 190 the Working for Workers Five Act 2024 May 14, 2024
Helping Former Employees Find New Work Can Minimize Employer Dismissal Liability Helping Former Employees Find New Work Can Minimize Employer Dismissal Liability May 03, 2024 Misconduct Incompatible with Fundamental Duties Establishes Cause Misconduct Incompatible with Fundamental Duties Establishes Cause April 22, 2024 The HRTO and Labour Arbitrators Have Overlapping Jurisdiction in Ontario The HRTO and Labour Arbitrators Have Overlapping Jurisdiction in Ontario April 22, 2024
Termination Clauses Unenforceable for Allowing Employer to Dismiss Employee Without Cause “At Its Sole Discretion” and “At Any Time”, Ontario Court Rules Termination Clauses Unenforceable for Allowing Employer to Dismiss Employee Without Cause “At Its Sole Discretion” and “At Any Time”, Ontario Court Rules March 21, 2024 A Cautionary Tale for Employers: Bad Faith in the Manner of Dismissal and Frivolous Counterclaims Can Be Very Costly A Cautionary Tale for Employers: Bad Faith in the Manner of Dismissal and Frivolous Counterclaims Can Be Very Costly March 12, 2024 Picking at the Scab- the End of Replacement Workers? Picking at the Scab- the End of Replacement Workers? February 29, 2024
Supreme Court Rules Construction Employer is Strictly Liable for General Contractor’s Failure to Follow Safety Regulations Supreme Court Rules Construction Employer is Strictly Liable for General Contractor’s Failure to Follow Safety Regulations February 08, 2024 New Year More Changes - Ontario to Amend Multiple Employment-Related Statutes New Year More Changes - Ontario to Amend Multiple Employment-Related Statutes January 23, 2024 Red Flags for HR Professionals and When to Seek Legal Advice Part IV Red Flags for HR Professionals and When to Seek Legal Advice Part IV January 12, 2024
Trucking Industry Employers Take Note - Two Recent Ontario Decisions Find Termination Clauses Legally Unenforceable for Violating the Canada Labour Code Trucking Industry Employers Take Note - Two Recent Ontario Decisions Find Termination Clauses Legally Unenforceable for Violating the Canada Labour Code January 12, 2024 Red Flags for HR Professionals & When to Seek Legal Advice: Part III Red Flags for HR Professionals & When to Seek Legal Advice: Part III December 19, 2023 Driver Inc. – Benefits and Drawbacks of using Employees vs Independent Contractors Driver Inc. – Benefits and Drawbacks of using Employees vs Independent Contractors December 11, 2023
Amendments to Ontario’s Employment Standards & Occupational Health and Safety Legislation Amendments to Ontario’s Employment Standards & Occupational Health and Safety Legislation November 28, 2023 Red Flags for HR Professionals & When to Seek Legal Advice: Part II Red Flags for HR Professionals & When to Seek Legal Advice: Part II November 14, 2023 The Minimum Wage for Ontario and Several Other Provinces Increased on October 1 2023 The Minimum Wage for Ontario and Several Other Provinces Increased on October 1 2023 October 15, 2023
The Consequences of Misclassifying Workers under the Canada Labour Code The Consequences of Misclassifying Workers under the Canada Labour Code October 11, 2023 Red Flags for HR Professionals - When to Seek Legal Advice Part 1 Red Flags for HR Professionals - When to Seek Legal Advice Part 1 September 29, 2023 The Importance of Offers to Settle: Cost Award Nearly Doubles the Amount the Defendant Owes The Importance of Offers to Settle: Cost Award Nearly Doubles the Amount the Defendant Owes September 29, 2023
Driver Inc. - The Misclassification of Truck Drivers as Independent Contractors Driver Inc. - The Misclassification of Truck Drivers as Independent Contractors September 15, 2023 Amendments to the Canada Labour Code Will Come into Effect February 1 2024 Amendments to the Canada Labour Code Will Come into Effect February 1 2024 August 31, 2023 Arbitrator Upholds Dismissal of Employee for Sexually Harassing Co-Worker While Off-Duty Arbitrator Upholds Dismissal of Employee for Sexually Harassing Co-Worker While Off-Duty August 21, 2023
Termination Clause Which Violated ESA Did Not Invalidate Fixed Term of Employment Contract Court Rules Termination Clause Which Violated ESA Did Not Invalidate Fixed Term of Employment Contract Court Rules August 11, 2023 Employer Requiring Job Candidate to Be Permanently Eligible to Work in Canada Was Discriminatory Court Rules Employer Requiring Job Candidate to Be Permanently Eligible to Work in Canada Was Discriminatory Court Rules July 21, 2023 Timing Matters - Employee Did Not Fail to Mitigate Damages by Declining Job with Purchaser of Company, Court Rules Timing Matters - Employee Did Not Fail to Mitigate Damages by Declining Job with Purchaser of Company, Court Rules July 07, 2023
Disabled Employees Refusal to Cooperate in Accommodation Process was Cause for Dismissal Adjudicator Rules Disabled Employees Refusal to Cooperate in Accommodation Process was Cause for Dismissal Adjudicator Rules July 03, 2023 Worker ordered to pay employer over $112,000 for stealing major client while quitting Worker ordered to pay employer over $112,000 for stealing major client while quitting June 08, 2023 Termination Clause Valid Despite Its Silence on Statutory Entitlements, BC Court Rules Termination Clause Valid Despite Its Silence on Statutory Entitlements, BC Court Rules May 29, 2023
Employer Unable to Rely on Termination Clause Where Employee’s Duties Expanded Over Time, Court Rules Employer Unable to Rely on Termination Clause Where Employee’s Duties Expanded Over Time, Court Rules May 16, 2023 Court Dismisses Employer Court Dismisses Employer's $150 million Counterclaim Against Former Employee for Being an "Attempt to Silence" Him May 03, 2023 Government keeps remote work rules out of public service collective agreement Government keeps remote work rules out of public service collective agreement May 03, 2023
Most striking public sector workers are showing up on picket lines Most striking public sector workers are showing up on picket lines May 01, 2023 Paid IDEL Has Expired - What Does This Mean for Employees and Employers? Paid IDEL Has Expired - What Does This Mean for Employees and Employers? April 14, 2023 Ontario is Proposing Multiple Important Changes to its Employment-Related Legislation Ontario is Proposing Multiple Important Changes to its Employment-Related Legislation April 06, 2023
HR systems in spotlight after CBC faces backlash HR systems in spotlight after CBC faces backlash March 21, 2023 CBC staff shocked to discover confidential religion, sexual orientation details in online HR files CBC staff shocked to discover confidential religion, sexual orientation details in online HR files March 08, 2023 Groundbreaking Decision! Court Awards Employer Damages Based on Employee Time Theft Groundbreaking Decision! Court Awards Employer Damages Based on Employee Time Theft March 07, 2023
Re-Employment Efforts - To Assist or Not Re-Employment Efforts - To Assist or Not February 03, 2023 New Rules in Ontario Give Teeth to Independent Contractor Relationships New Rules in Ontario Give Teeth to Independent Contractor Relationships January 10, 2023 Striking a Balance Between Employee Misconduct and Sanctions Imposed Striking a Balance Between Employee Misconduct and Sanctions Imposed January 03, 2023
Unpaid Leave for Non-Compliance of Vaccination Policy is Not Constructive Dismissal Unpaid Leave for Non-Compliance of Vaccination Policy is Not Constructive Dismissal December 02, 2022 Ontario Court Confirms Employee Ontario Court Confirms Employee's Right to Examine President of the Company November 18, 2022 Electronic Monitoring Policies Must be Provided to Employees by November 10 2022 Electronic Monitoring Policies Must be Provided to Employees by November 10 2022 November 07, 2022
Employers Beware Fixed-Term Contracts Can Be Costly Employers Beware Fixed-Term Contracts Can Be Costly October 21, 2022 Three-Dose Vaccination Policy Deemed Reasonable in Long-Term Care Homes Three-Dose Vaccination Policy Deemed Reasonable in Long-Term Care Homes October 10, 2022 Employees Wrongful Dismissal Award Reduced for Failing to Accept a Comparable Position Employees Wrongful Dismissal Award Reduced for Failing to Accept a Comparable Position October 03, 2022
Decision: Employers Masking Policy Did Not Lay the Grounds for a Constructive Dismissal Claim Decision: Employers Masking Policy Did Not Lay the Grounds for a Constructive Dismissal Claim September 12, 2022 OLRB Exclusive Jurisdiction Over Arbitrator OLRB Exclusive Jurisdiction Over Arbitrator August 30, 2022 Ontario Extends Paid Sick Days Program as Temporary Layoff Protections Expire Ontario Extends Paid Sick Days Program as Temporary Layoff Protections Expire August 11, 2022
Arbitrator Rules New Statutory Holiday Should be Included in Collective Agreements Arbitrator Rules New Statutory Holiday Should be Included in Collective Agreements July 27, 2022 Important Update in Employment Law Ontario Court of Appeal Overturns Rahman Decision Important Update in Employment Law Ontario Court of Appeal Overturns Rahman Decision June 23, 2022 Statutory Severance Pay Calculation is Now Based on Global Payroll Statutory Severance Pay Calculation is Now Based on Global Payroll June 14, 2022
Slapping Female Buttocks in Heat of the Moment is not Wilful Misconduct Slapping Female Buttocks in Heat of the Moment is not Wilful Misconduct May 31, 2022 Ontario Government Mandates New Workplace Policies Ontario Government Mandates New Workplace Policies May 11, 2022 Significant Amendments to the Occupational Health and Safety Act Significant Amendments to the Occupational Health and Safety Act May 04, 2022
Trauma and Memory Loss How This Could Effect Credibility in a Workplace Investigation Trauma and Memory Loss How This Could Effect Credibility in a Workplace Investigation April 25, 2022 Damages awarded against employer who conducted “amateurish” workplace investigation Damages awarded against employer who conducted “amateurish” workplace investigation April 11, 2022 No Accommodation for Employee after Years of Innocent Absenteeism with No End in Sight No Accommodation for Employee after Years of Innocent Absenteeism with No End in Sight March 21, 2022
Arbitrator Clarifies when Self-Isolated Employees are Entitled to Sick Pay Arbitrator Clarifies when Self-Isolated Employees are Entitled to Sick Pay February 13, 2022 Employee Terminated for Cause after Lying about COVID-19 Symptoms Employee Terminated for Cause after Lying about COVID-19 Symptoms February 08, 2022 Former McDonald’s CEO Returns Over $105 Million to Company Following Misconduct Former McDonald’s CEO Returns Over $105 Million to Company Following Misconduct January 07, 2022
Ontario’s “Open Period” 2022 is Right Around the Corner! Ontario’s “Open Period” 2022 is Right Around the Corner! December 13, 2021 Federally Regulated Employers Beware - Upcoming Changes to the Canada Labour Code Federally Regulated Employers Beware - Upcoming Changes to the Canada Labour Code December 01, 2021 Ontario Arbitrator Determines COVID-19 Vaccination Policy was Reasonable Ontario Arbitrator Determines COVID-19 Vaccination Policy was Reasonable November 23, 2021
Labour Arbitrators Exclusive Jurisdiction Applies to Human Rights Complaints Labour Arbitrators Exclusive Jurisdiction Applies to Human Rights Complaints November 15, 2021 In the Wake of Waksdale Employers Regain Some Power through Rahman In the Wake of Waksdale Employers Regain Some Power through Rahman November 02, 2021 Employers may Need to Think Twice about Hiring through Agencies and Recruiters Employers may Need to Think Twice about Hiring through Agencies and Recruiters October 21, 2021
How COVID-19 has Impacted Employment Law How COVID-19 has Impacted Employment Law October 18, 2021 The Government of Canada Announces Vaccine Requirements for Employers The Government of Canada Announces Vaccine Requirements for Employers October 06, 2021 Repercussions of the mental health pandemic Repercussions of the mental health pandemic October 04, 2021
A cautionary tale in contracting out compliance with the OHSA A cautionary tale in contracting out compliance with the OHSA September 29, 2021 Legal Considerations for Workplace Vaccination Mandates & Policies Legal Considerations for Workplace Vaccination Mandates & Policies September 27, 2021 Is a refusal to inoculate cause for termination? Is a refusal to inoculate cause for termination? September 21, 2021
Employer Health and Safety Obligations Remain as Important as Ever Employer Health and Safety Obligations Remain as Important as Ever September 16, 2021 Uber Drivers and Delivery Personnel Could be Recognized as Employees Uber Drivers and Delivery Personnel Could be Recognized as Employees September 03, 2021 Vaccinations to be mandatory for all federal workers Vaccinations to be mandatory for all federal workers August 17, 2021
Recent Court Cases Provide Cautionary Tales to Employers Recent Court Cases Provide Cautionary Tales to Employers August 11, 2021 Getting off to a good start Getting off to a good start July 26, 2021 Legal challenges for construction employers during a pandemic Legal challenges for construction employers during a pandemic July 26, 2021
Deep dives in employee background checks Deep dives in employee background checks July 15, 2021 Return to work and employee accommodation requests Return to work and employee accommodation requests July 14, 2021 Canada Canada's Proposed Right to Disconnect June 23, 2021
Decision regarding discriminatory performance review pushes the bounds of employment law Decision regarding discriminatory performance review pushes the bounds of employment law June 23, 2021 Employer claims for wrongful resignation Employer claims for wrongful resignation June 16, 2021 Making severance settlements stick Making severance settlements stick June 16, 2021
Update: Ontario’s Infectious Disease Emergency Leave may in fact preclude lawsuits Update: Ontario’s Infectious Disease Emergency Leave may in fact preclude lawsuits June 09, 2021 Legal impacts of the pandemic in manufacturing Legal impacts of the pandemic in manufacturing June 03, 2021 Are your work-from-home employees moonlighting Are your work-from-home employees moonlighting June 01, 2021
Should you hire an external workplace investigator? Should you hire an external workplace investigator? June 01, 2021 Work-from-home does not have to outlast the pandemic Work-from-home does not have to outlast the pandemic May 20, 2021 Why Bother Disciplining Why Bother Disciplining May 13, 2021
Ontario’s Infectious Disease Emergency Leave does not preclude lawsuits Ontario’s Infectious Disease Emergency Leave does not preclude lawsuits May 06, 2021 Paid Sick Leave - Now Is the Time to Revisit your Sick Leave Policy Paid Sick Leave - Now Is the Time to Revisit your Sick Leave Policy May 04, 2021 Can employers mandate Covid-19 vaccination Can employers mandate Covid-19 vaccination April 29, 2021
What are the unknown risks of group benefits? What are the unknown risks of group benefits? April 22, 2021 Is a ‘discretionary bonus’ really discretionary? Is a ‘discretionary bonus’ really discretionary? April 16, 2021 Broken Dreams and Broken Promises: Avoiding Costly Mistakes Broken Dreams and Broken Promises: Avoiding Costly Mistakes April 14, 2021
How How 'internet harassment' could affect your workplace April 12, 2021 Misconceptions around vacation law in Canada Misconceptions around vacation law in Canada April 06, 2021 Responding to complaints of workplace sexual harassment Responding to complaints of workplace sexual harassment March 18, 2021
When can an employer discipline an employee for politically charged comments? When can an employer discipline an employee for politically charged comments? March 11, 2021 Will ‘densified offices’ still work post-pandemic? Will ‘densified offices’ still work post-pandemic? March 04, 2021 Accommodating parents working from home Accommodating parents working from home February 25, 2021
To terminate, or not to terminate? To terminate, or not to terminate? February 18, 2021 Workplace Harassment and New Considerations for Federally Regulated Employers Workplace Harassment and New Considerations for Federally Regulated Employers January 27, 2021 The State of Emergency in Ontario Returns The State of Emergency in Ontario Returns January 12, 2021
Can employers mandate Covid-19 vaccination Can employers mandate Covid-19 vaccination December 24, 2020 Non-competition agreements: When less is more Non-competition agreements: When less is more December 21, 2020 Was it a quit, or a dismissal? Was it a quit, or a dismissal? December 14, 2020
Data privacy on work devices Data privacy on work devices December 07, 2020 COVID-19 – second wave critical updates COVID-19 – second wave critical updates November 27, 2020 Assault on Freedom of Contract Continues Assault on Freedom of Contract Continues November 23, 2020
When Should the Pandemic Work-From-Home Conclude When Should the Pandemic Work-From-Home Conclude November 16, 2020 Navigating Bad Faith Layoffs in the Covid-19 Era Navigating Bad Faith Layoffs in the Covid-19 Era November 09, 2020 Enforcing Work Standards in the Digital Era Enforcing Work Standards in the Digital Era November 02, 2020
The Supreme Court of Canada confirms $1 million bonus payment to constructively dismissed employee The Supreme Court of Canada confirms $1 million bonus payment to constructively dismissed employee October 16, 2020 The latest federal and provincial responses to COVID-19 affecting the workplace The latest federal and provincial responses to COVID-19 affecting the workplace September 28, 2020 Bank Employees Told to Stay Home Until 2021 Could be in for a Rude Awakening Bank Employees Told to Stay Home Until 2021 Could be in for a Rude Awakening September 21, 2020
Political Speech in the Workplace Political Speech in the Workplace September 21, 2020 Ontario government provides more support for employers Ontario government provides more support for employers September 11, 2020 How employers can offer flexibility for parents as kids go back to school How employers can offer flexibility for parents as kids go back to school September 04, 2020
Working from home is not an employee right Working from home is not an employee right August 24, 2020 On CERB and concerned about the move to EI next month? On CERB and concerned about the move to EI next month? August 07, 2020 Be Careful What you Contract For Be Careful What you Contract For July 28, 2020
COVID-19 Critical Updates for Employers COVID-19 Critical Updates for Employers July 28, 2020 Toronto Sports Bar Refuses to Pay Wages Toronto Sports Bar Refuses to Pay Wages July 24, 2020 Future-proofing your company Future-proofing your company's employment agreements July 10, 2020
Is independent contractor status dead? Is independent contractor status dead? July 06, 2020 Firms Must Communicate That Working From Home is a Temporary Measure Firms Must Communicate That Working From Home is a Temporary Measure June 30, 2020 COVID-19 Update COVID-19 Update June 19, 2020
Covid - Bringing Employees Back to the Workplace Covid - Bringing Employees Back to the Workplace June 17, 2020 Ontario court strikes down most employment contracts Ontario court strikes down most employment contracts June 17, 2020 COVID-19 and Temporary Layoffs COVID-19 and Temporary Layoffs June 02, 2020
Important Updates to Emergency Financial Aid Programs Important Updates to Emergency Financial Aid Programs April 22, 2020 Canada Emergency Wage Subsidy Update Canada Emergency Wage Subsidy Update April 09, 2020 The Canada Emergency Wage Subsidy - Important Update The Canada Emergency Wage Subsidy - Important Update April 05, 2020
COVID 19 FAQ for Employers COVID 19 FAQ for Employers April 01, 2020 COVID-19 Layoffs - Practical Advice for Employers COVID-19 Layoffs - Practical Advice for Employers March 25, 2020 Covid-19 Update: Changes to Employment Law Covid-19 Update: Changes to Employment Law March 20, 2020
COVID-19 and the Workplace: What You Need to Know as An Employer COVID-19 and the Workplace: What You Need to Know as An Employer March 06, 2020 3 Ways Dismissed Employees May Request Reinstatement 3 Ways Dismissed Employees May Request Reinstatement January 31, 2020 3 Ways to Get Your Job Back After You Have Been Fired 3 Ways to Get Your Job Back After You Have Been Fired January 31, 2020
8 Settlement Payments Not Subject to EI Clawback 8 Settlement Payments Not Subject to EI Clawback January 31, 2020 Avoiding Fixed Term Contracts: 5 Issues for Employers to Consider Avoiding Fixed Term Contracts: 5 Issues for Employers to Consider January 31, 2020 Fired? Here is What You May Be Entitled To Fired? Here is What You May Be Entitled To January 31, 2020
How Strong Is My Wrongful Dismissal Case? How Strong Is My Wrongful Dismissal Case? January 31, 2020 How to Avoid EI Clawbacks Resulting Out of Wrongful Dismissal Settlements How to Avoid EI Clawbacks Resulting Out of Wrongful Dismissal Settlements January 31, 2020 Wasted at Work: The Legalization of Marijuana One Year Later Wasted at Work: The Legalization of Marijuana One Year Later January 31, 2020
What to Avoid When Disciplining an Employee What to Avoid When Disciplining an Employee January 31, 2020
Newsletter Subscription

Stay ahead of the curve by subscribing to our newsletter today. Written by our expert lawyers, this newsletter is completely free and covers a wide range of HR topics.

Subscribe Here