Jesse Freeman

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Jesse Freeman has a broad litigation and advocacy practice, encompassing all areas of labour and employment law in Canada's common law jurisdictions, with a particular focus on employment standards, labour arbitration, human rights, wrongful dismissals and occupational health and safety. Ms. Freeman also advises employers on a wide range of labour and employment law matters, providing practical legal and business advice to both domestic and international private and public sector clients.

Latest Articles

This is the first of our two-part series on recent Ontario Superior Court of Justice decisions that employers need to be aware of before finalizing their next employment agreement. The decisions highlight the risk of failing to include an enforceable termination provision in the employment agreement. Absent such a provision, an employee dismissed without cause will be entitled to “reasonable notice” of termination at common law. In this first part, we examine two recent decisions of the…
One of the clearest messages from the #MeToo movement has been that sexual harassers need to be held accountable for their actions. This message has resonated with employers and most now appreciate that they need to promptly investigate and appropriately address misconduct once they become aware of it. But employer obligations extend beyond remedial action and include, in Ontario and other jurisdictions, implementing preventative policies and educating employees on the policies. However, a new US research report
On August 2, 2018, the Supreme Court of Canada refused the plaintiff’s leave application in Krishnamoorthy v Olympus Canada Inc, 2017 ONCA 873. As such, the Ontario Court of Appeal’s ruling still stands. The ONCA held that a purchaser of assets of a business is free to offer employment on new terms to employees of the vendor and can rely on the resulting written employment agreement as binding – the employment offer constitutes sufficient consideration…
As employers well know by now, in 2005 the Ontario Government started on a 20-year legislative journey, passing the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”), with the objective of achieving accessibility for all Ontarians by 2025. The legislation covers five broad areas, establishing accessibility standards related to (1) information and communications; (2) employment; (3) public spaces; (4) customer service; and (5) transportation. This time last year we reported on the accessibility standards and…
With the holiday season in full swing, many employers are in the process of planning their office holiday parties.  Holding a social event is a great way to celebrate the holiday season and to thank employees for their hard work. Unfortunately, employers face the risk of liability should an employee be permitted to drink too much and/or engage in inappropriate behavior at a work-related function. There is the added risk of safety-related liability should that…
Keenan v Canac Kitchens, 2015 ONSC 1055 (“Canac Kitchens“) serves as an important reminder that simply using the term “independent contractor” in an agreement is not enough to protect an employer from its obligation to provide, among other things, reasonable notice upon termination.  The nature of a working relationship is generally defined by the actual nature of the relationship, including how the parties conduct themselves, not by the terminology used by the parties to describe…