Stephen J. Moreau

(416) 964-5541 smoreau@cavalluzzo.com

Firms do not have ‘sole discretion’ to terminate employment contracts

/ Employment/Labour /

I have written before about how a fixed-term contract can cause major headaches for a firm if the employment relationship does not work out and the employee is terminated. Similarly, if a more typical employment agreement is terminated, an employer will generally owe prior “reasonable notice” of termination. Employers often try and limit their liability […]

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Proposals to update the Workers Act offer minor victories

/ Employment/Labour /

The Ontario government recently introduced Bill 194, which proposes amendments to the Working for Workers Act that was first adopted as law in 2021 and will amend various aspects of the Ontario Employment Standards Act (ESA). As with the previous versions, the planned amendments offer marginal advancements in workplace rights. While the government claims it

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No right to lay off employees without compensation, court affirms

/ Employment/Labour /

Employers and employees were given important guidance by the Ontario Court of Appeal on when an employer can “lay off” an employee without compensation. The decision of  Pham v. Qualified Metal Fabricators Ltd. is a welcome addition to the law of wrongful dismissal, particularly after the Ontario Court of Appeal refused to provide guidance in a

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Another judicial reminder to draft proper termination clauses

/ Employment/Labour /

A recent Superior Court of Justice decision serves as a reminder that termination clauses that are not consistent the Employment Standards Act 2000 (ESA) will be found to be unenforceable by the court. When that happens, the clause effectively disappears. An employer that terminates an employee’s employment without a clause must provide prior reasonable notice

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ESA rights cannot be used as bargaining chips

/ Employment/Labour /

A recent Ontario Superior Court of Justice decision reminds employers that they cannot mess around with minimum statutory rights when terminating someone’s position. In Teljeur v. Aurora Hotel Group, 56-year-old John Teljeur was dismissed without cause after more than three years in a senior management role. Unknown to his employer, he surreptitiously recorded the discussion when

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No clear answers as to when longer notice periods are required

/ Employment/Labour /

A recent Ontario Superior Court decision provides a clear reminder that there remains real uncertainty as to what constitutes “exceptional circumstances” that would require an employer to give a termination of employment notice greater than 24 months in length. When an employer terminates someone’s employment, they typically owe them prior “reasonable notice” of termination.  The length

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OCA should hold that CERB payments are not deductible

/ Employment/Labour /

The impact of the COVID-19 pandemic on laid-off and terminated employees may be mostly forgotten as Ontario enters 2023. However, for Ontario employees let go during the pandemic, a critical employment law issue remains unresolved: Should employers be allowed to deduct Canada Emergency Response Benefit (CERB) payments from wrongful dismissal monies they owe? More than

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The challenges and complexity of constructive dismissal law

/ Employment/Labour /

By Paul Russell, LegalMatters Staff • A recent Ontario Superior Court decision provides helpful guidance to what is a constructive dismissal though it arguably strays from common-law principles in assessing whether the employee’s duty to mitigate was met, says Toronto employment and labour lawyer Stephen J. Moreau.  “The law of constructive dismissal is easy to

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Electronic monitoring policy may have an unintended consequence

/ Employment/Labour /

A recently enacted requirement that Ontario employers draft and maintain a written policy detailing the electronic monitoring of employees accomplishes very little, though it may lead to one unexpected result. In April, Bill 88, Working for Workers Act updated the Employment Standards Act, 2000 by adding language to protect workers from employers that track their use of

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Potential chance to clarify compensation rule is lost

/ Employment/Labour /

By Paul Russell, LegalMatters Staff • The Federal Court of Appeal missed a potential opportunity in March to clear up confusion about how to determine compensation if someone is fired without cause and is to be paid damages in lieu of reinstatement, says Toronto employment and labour lawyer Stephen J. Moreau.  When a unionized employee

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