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?
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
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
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?
Any time an employee is dismissed without cause and chooses to sue the employer for wrongful dismissal, the employee is obligated to attempt to mitigate his damages, or minimize his losses, by looking for similar work. In Michaels v. Red Deer College, the Supreme Court of Canada confirmed that an employee must take reasonable steps to … Continue reading Can I Seek Re-Training and Still Sue for Wrongful Dismissal?