As of May 29, 2020, the Ontario government has altered the law on constructive dismissal. In Farber v. Royal Trust Co., the Supreme Court of Canada describes a constructive dismissal as “a fundamental or substantial change to an employee’s contract of employment.” In its subsequent decision in Potter v. New Brunswick Legal Aid Services, the Supreme Court further explains … Continue reading COVID-19: Legislative Changes to Constructive Dismissal
Every employee suing for wrongful or constructive dismissal is required to mitigate his or her losses by taking reasonable steps to search for new work. This duty to mitigate is a topic that I have written about on several occasions. You can find links to these articles here and here. A question that I am … Continue reading How Long Can I Wait To Look For A New Job?
We have heard it repeatedly from the media and our political leaders. These are unprecedented times. Since the goverment-ordered shutdown of all businesses and services that were deemed to be non-essential, the financial well-being of millions of Canadian employees - as well as the companies they work for - have been severely impacted. In … Continue reading COVID-19: Legislative Changes for Employees and Employers
Despite these unprecedented and challenging times, we want to assure you that, as an essential service, our office remains open to serve you.To respond to your needs, we are available by phone (905-427-4077 x29), e-mail (firstname.lastname@example.org), as well as videoconference (Zoom and WebEx). As part of our efforts to practice social or physical distancing and help stop the … Continue reading COVID-19 Response
One of the hot button topics in employment law for the last several years is the enforceability of termination clauses or notice provisions in employment agreements. Such clauses attempt to limit an employee's entitlements upon dismissal, often to the minimum standards set out in the Employment Standards Act, 2000. In recent years, the case law … Continue reading Will Your Termination Clause Hold Up?
Last year, I wrote about an Ontario Superior Court of Justice decision that dealt with the issue as to whether or not an employee can rescind a resignation. A link to that decision can be found here. The Court of Appeal recently reversed that lower court decision in English v. Manulife Financial Corporation. The following … Continue reading Update: Can I Change My Mind After I Quit?
In a previous article, I wrote about the development of the tort of harassment. A link to this article can be found here. However, earlier this year, the Court of Appeal reversed the lower court's decision and concluded that there is no basis at this time to recognize a new cause of action based on harassment. … Continue reading Revisiting the Tort of Harassment
The answer to this question is fairly clear. The Employment Standards Act, 2000 specifies that an employer, an employee, or their agents may not enter into an agreement that waives an employment standard. Any such agreement is considered void under the legislation. One example is a notice provision or termination clause in an employment contract … Continue reading Can you contract out of Employment Standards?
It is less and less common for an employee to spend his entire working career with one employer. In order to build a more impressive resumé and develop a greater skill set, it is not uncommon to find employees spending several years with one employer, then moving on to other opportunities, and repeating the process … Continue reading Can You Sue Your Former Employer For Giving A Negative Reference?
People quit or resign from their jobs for a variety of reasons. Some decide to do so after careful consideration of the advantages and disadvantages. For example, some leave their job for another position with a different employer. Others decide to resign on the spur of the moment, and sometimes in the heat of the … Continue reading Can I Change My Mind After I Quit?