Latest Posts

Less Than Perfect Termination Clause Upheld

As employers have discovered in recent years, although termination clauses are a best practice, former employees will do whatever they can to set them aside following termination.  In many cases, courts have set termination clauses aside, despite the apparent intent of the parties, where they are not drafted perfectly.  A recent case, Wood v. Fred Deeley Imports Ltd., 2016 ONSC 1412 suggests that the very high standard imposed on employers may have lessened somewhat.  

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Ontario Court of Appeal Upholds Controversial Human Rights Decision Ordering Reinstatement of Former Employee

The Ontario Court of Appeal has upheld a surprising decision from the Ontario Human Rights Tribunal (“the Tribunal”) that ordered a terminated employee be reinstated to her position with full seniority almost a decade after she had left the workplace.

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Dos and Don’ts for a Successful Office Summer Party

Thinking of hosting a summer party for your employees? This can be a great way to build morale and team spirit. However, given the potential liability facing employers, care should be exercised. A few precautionary measures can go a long way towards limiting your risks.
 
With that in mind, here are a few dos and don’ts to help employers host a successful (and liability-free) summer party:

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Ontario Court Dismisses Claims for Constructive Dismissal and Bad Faith Damages Arising from Workplace Investigation

Claims of constructive dismissal and allegations of bad faith in the context of workplace investigations can be particularly challenging for employers. However, a recent decision of the Ontario Superior Court of Justice provides an example of when such claims will not be successful and includes some helpful findings for employers facing similar claims.

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Aug 21, 2015
Does the Charter Trump Human Rights?

A recent decision of the Ontario Court of Appeal has interesting implications when it comes to competing rights, particularly when some of those rights are protected by the Charter of Rights and Freedoms.

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Reminder: Ontario’s Minimum Wage to Increase

As a result of amendments to the Employment Standards Act, 2000 (“ESA”) last year, on October 1, 2015, the general minimum wage in Ontario will increase from $11 to $11.25 per hour. Industry-specific minimum wages for liquor servers, homeworkers, students, and hunters/fishers are also set increase.

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