How are my years of service with my employer calculated?

The question posed in the title above seems simple, doesn't it? To calculate years of service, all one has to do is take the start date of employment and count the number of years until the end date. Done. Easy, right? But wait. Before you go, I have a few other questions for you. What … Continue reading How are my years of service with my employer calculated?

What is a signature in the Digital Age?

The pandemic has forced all of us to pivot from many of our previous modes of carrying out our day-to-day activities. Vaccine certificates are required in order to sit down for a meal at a restaurant. Masks and daily health screenings are needed before our children head out the door to go to school. Screen … Continue reading What is a signature in the Digital Age?

COVID-19 – Constructive Dismissal Update Revisited

In my last post, which you can find here, I wrote about section 7 of O. Reg. 228/20 entitled Infectious Disease Emergency Leave (the “IDEL Regulation”) and how it affects an employee's claim for constructive dismissal. Section 7 of this Regulation of the Employment Standards Act, 2000 (the “ESA”) states: (1) The following does not constitute constructive dismissal if … Continue reading COVID-19 – Constructive Dismissal Update Revisited

COVID-19 – Constructive Dismissal Update

As many employers are aware, not long after the start of the pandemic, the provincial government enacted legislation to preclude employees from advancing a claim of constructive dismissal based on a temporary lay-off prompted by COVID-19. More information on constructive dismissal can be found here. Specifically, the government passed O. Reg. 228/20 entitled Infectious Disease … Continue reading COVID-19 – Constructive Dismissal Update

I Have Just Been Let Go. What Happens To My Bonus Now?

Quite often, when I am asked by a client to review a severance package, the entitlement to a bonus is an important factor. In some cases, the employer historically pays a bonus, which varies in amount from year to year, but is entirely gratuitous with no connection whatsoever to the performance of the employee or … Continue reading I Have Just Been Let Go. What Happens To My Bonus Now?

COVID-19 – Urgent Applications During the Pandemic

With the onset of the COVID-19 pandemic in March, courts across the province ceased operations almost entirely.  At present, in the Superior Court of Justice, the only civil cases to be adjudicated are those considered urgent in nature.  A link to the Notice issued by Chief Justice Morawetz setting out the various kinds of urgent … Continue reading COVID-19 – Urgent Applications During the Pandemic

Update on Termination Clauses from the Court of Appeal

Termination clauses or notice provisions in employment agreements are an area of employment law that continues to develop at a rapid pace.  These provisions attempt to limit the amount of notice, or pay in lieu thereof, that an employee might be entitled to upon dismissal.  My previous article on this topic can be found here. … Continue reading Update on Termination Clauses from the Court of Appeal

Will Your Termination Clause Hold Up?

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?

Update: Can I Change My Mind After I Quit?

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?

Revisiting the Tort of Harassment

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