Show all postsFiltered by: Jed Blackburn

Ontario Introduces Pay Transparency Legislation to Address Wage Gaps

On March 6, 2018, the Ontario Government introduced Bill 203, the Pay Transparency Act, 2018, which is intended address wage gaps and increase pay transparency by requiring employers to track and publish employee compensation details.

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Denial of Non-discretionary Bonus Payable After Expiration of Statutory Notice Period Upheld

In a good news decision for employers, the Court of Appeal for Ontario in Kielb v National Money Mart Company, 2017 ONCA 356, denied an employee’s claim for payment of a non-discretionary bonus on the basis that it was expressly excluded by the relevant contract language.

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Court of Appeal Confirms That Employer’s Failure to Pay $330,000 Bonus Did Not Constitute Constructive Dismissal

When an employer breaches an employment agreement and an employee resigns in response, a critical question is raised: has the employee been constructively dismissed? If so, the employee is deemed to have been terminated and the employer may incur substantial liability for pay in lieu of notice or even punitive damages. However, not every breach of an employment agreement will constitute constructive dismissal, and the resolution of this issue can make all the difference in terms of employer liability.

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Supreme Court of Canada Refuses Leave to Appeal in Key Decision Upholding Termination Provision

In another good news development for employers, the Supreme Court of Canada has denied leave to appeal in Oudin v Le Centre Francophone de Toronto.

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Ontario Court of Appeal Upholds Enforceability of Notice-Only Termination Provision

In a good news decision for employers, the Ontario Court of Appeal recently dismissed an appeal of the summary judgment decision of Justice Sean Dunphy which upheld a termination provision that permitted the employer to terminate the employee by providing the “minimum notice required under the Employment Standards Act”. Notably, the termination provision in question in Oudin v Le Centre Francophone de Toronto did not include any reference to severance pay or continuation of benefits, which employee counsel will typically argue renders a termination provision invalid. Copies of the Court of Appeal’s decision and the underlying decision of Justice Dunphy can be found here and here, respectively.

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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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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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