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 […]
Proposals to update the Workers Act offer minor victories Read More »
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
No right to lay off employees without compensation, court affirms Read More »
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
Another judicial reminder to draft proper termination clauses Read More »
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
ESA rights cannot be used as bargaining chips Read More »
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
No clear answers as to when longer notice periods are required Read More »
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
OCA should hold that CERB payments are not deductible Read More »
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
The challenges and complexity of constructive dismissal law Read More »
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
Electronic monitoring policy may have an unintended consequence Read More »
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
Potential chance to clarify compensation rule is lost Read More »
By Paul Russell, LegalMatters Staff • The Court of Appeal decision in Rahman v. Cannon Design Architecture makes it clear that illegal termination provisions in employment contracts make those provisions void in all circumstances, says Toronto employment and labour lawyer Stephen J. Moreau. “The uncertainty around this issue that was raised by the lower court decision our client
Appeal court restores clarity around illegal termination clauses Read More »
