Although the pandemic might seem far in the past, we are still seeing the outcome of cases brought forward on issues that arose during this tumultuous period. In a recent decision out of Alberta, the court ruled that an employer
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Court of Appeal Agrees that Termination Clause is Unenforceable
The recent Court of Appeal decision in De Castro v. Arista Homes Limited follows the current trend of courts frequently striking down termination clauses in employment contracts. In that decision, the Court of Appeal sided with the employee and upheld
Mitigation in Manitoba
An employee dismissal creates a two-way street of obligations. The employer is required to provide the employee with reasonable notice of the dismissal or pay in lieu of this notice (unless restricted by contract). The employee is required to make
Employee Substance Abuse and Employer Obligations
A man takes a drink, the drink takes a drink, the drink takes the man – Irish Proverb
What are an employer’s obligations to an employee with a substance abuse problem?
- Does an employer have to work around the employee’s
Overhaul Proposed for the Civil Litigation Process
There may be very significant changes coming to the civil litigation process in Ontario which will have a substantial impact on the way employment law cases proceed through the courts.
Ontario’s Current System of Civil Litigation
Ontario’s current system of
The Case Against Short n’ Sweet… Employment Agreements
Some say that brevity is the essence of wit, but shorter ain’t always better.
In this blog, I make my case against short n’ sweet. No, not against Sabrina Carpenter’s hit album – I’m anti-short n’ sweet when it comes
Employer Obtains Injunction Against Former Employees
How can you stop a former employee from acting in a way that harms your company? Apart from threatening to sue the employee for damages, is there a way to have the Court tell the employee to stop doing something?
Inducement, or I Knew You Were Trouble
I often say that dismissals are like breakups and finding a job or hiring someone is like dating. Nothing illustrates this better than inducement.
When looking for inducement, courts essentially consider whether the discussions between an employer and a
Tariffs, Layoffs, Restructuring: What Employers and Employees Need to Know
Concerned about tariffs, layoffs, restructuring? You are not alone.
The current economic climate, marked by tariffs, economic uncertainty, layoffs and restructuring, has understandably created concerns for many employers and employees.
Employers
The impact of tariffs has led to significant changes
Maximum Hours of Work: Can An Employee Be Asked to Work Extra Hours?
Employment standards legislation, such as Ontario’s Employment Standards Act, 2000 (the “ESA“), is designed to set minimum standards which cannot be opted out of, even if the employee agrees. One standard addressed in all employment standards legislation relates to the