The best practice is to always lay out the terms of your agreement in writing. This is true for employment contracts as well. Generally, a written contract allows both the employer and the employee to have a clear understanding of…
In this Ontario Superior Court decision, Justice MacDougall considered the case of a manager who was demoted in title and had his direct reports removed from his supervision. The issue was whether this constituted constructive dismissal, especially considering that his…
Under the Ontario Rules of Civil Procedure Rule 21.1, civil litigation trials in Toronto, Ottawa, and Windsor are subject to the mandatory mediation program. Under this program, actions that are subject to case management must be mediated by a private-sector…
Short Term (STD) or Long Term Disability (LTD) benefits provide income replacement benefits to workers who become temporarily or permanently disabled. In law, the LTD or STD insurance policy is a contract between the insured and the benefit provider. Under…
Unpaid internships are becoming more common in the labour market and are replacing entry level positions in various industries. Typically, unpaid internships have been the means of gaining experience in the television, film, and print media industries. Unpaid internships are…
The Ontario Court of Appeal’s decision Rahman v. Cannon Design Architecture Inc., 2022 ONCA 451 (“Rahman”) re-affirms the general rule that a contract, including an employment contract, must be interpreted objectively without considering the parties’ subjective understanding of its terms.…
When an employee remains in the same company for an extended period of time, it is common for their responsibilities to shift and increase in comparison to when they were first hired. This raises the concern of whether an employee…
As the economic situation continues to evolve, companies are making rapid changes to their workforce. Unfortunately, these changes can result in mass layoffs, which can be difficult for both employees and employers. Earlier this month, Nordstrom announced it was shutting…
Ontario Severance Pay: What if I Am Fired for Cause? Render v. Thyssenkrupp Elevator (Canada) Limited, 2022 ONCA 310 confirmed that where an employee is terminated on a “for cause” basis, the employer may be required to provide severance pay…
There are various reasons for which insurance providers may deny long term disability (LTD) benefits to a policy holder even though he or she has become unable to work due to a medical condition. These reasons may be found in…
Does your company conduct pro forma performance reviews? Do your non-unionized employees sometimes receive group salary raises in the standard course when their individual performance does not merit a raise? Performance reviews are important human resources management tools. Unfortunately, performance…
Back to work for first time since covid, and my job has dramatically changed, what are my legal rights? Covid-19 has caused significant changes to the job market in Ontario and all of Canada, many people have lost their jobs…
Since the beginning of the Covid pandemic, given its severe negative effects on the job market, there has been an outstanding question of how courts in Ontario will resolve employment termination cases in the context of the pandemic. Due to…
Employers in various industries often include non-competition agreements or clauses into their contracts with employees. This is common, for example, in professional services industries such as accounting, dentistry, legal, and also financial services, among others. Non-competition clauses prevent employees from…
We answer this employment law question in an article we wrote for mechanical business magazine. #mechbiz “One of the most common questions in the minds of business owners across the country is whether employees can, and should, be required to…
Over the past few decades the courts in Ontario have developed a significant amount of jurisprudence regarding an employee’s entitlements to various forms of compensation upon termination, including health benefits, commissions, bonuses, and pension plans. It is well established in…
In the early days of the covid, it was suggested that, when evaluating wrongful and constructive dismissal claims in the context of the pandemic, the courts would take into account the negative effects of covid on the job market, when…
Last year, our client brought an application under s. 116 of the Police Services Act to become a member of the Niagara Regional Police Senior Officers’ Association. The case was argued before the Ontario Civilian Police Commission, an independent oversight…
In Ontario, severance pay can be provided if the employee is terminated. However, this entitlement presupposes that one is an employee. Individuals who perform services may do so as independent contractors, however they might not enjoy employment protections. For example,…
What is the duty to mitigate and am i obliged to mitigate during the covid-19 pandemic? In Ontario, entitlements upon termination arise from two sources: The Employment Standards Act (“ESA”), which lays out the minimum standards in employment relationships, and…