Bill 27: Significant Changes to the ESA Proposed
Bill 27: Significant Changes to the ESA Proposed On October 25, 2021, the Government of Ontario introduced Bill 27, the Working for Workers Act, 2021, which introduces a number of significant amendments to the Employment Standards Act, 2000 (“ESA”), if passed into law. The proposed amendments would apply to most employees in Ontario who are […]
Employer Faces Harsh Consequences for Falsely Alleging Cause
Employer Faces Harsh Consequences for Falsely Alleging Cause Courts have increasingly demonstrated a willingness to penalize employers for asserting just cause without basis. In Humphrey v. Mene, 2021 ONSC 2539, the Ontario Superior Court went a step further, and found that even though an employer had abandoned its just cause allegations, it could no longer […]
Court Rules COVID-19 Layoffs Not Grounds for Constructive Dismissal
Court Rules COVID-19 Layoffs Not Grounds for Constructive Dismissal Since the introduction of the Infectious Disease Emergency Leave (IDEL) on May 29, 2020, there has been significant uncertainty surrounding its interaction with the common law. Unilateral impositions of layoffs are traditionally grounds for claims for constructive dismissal, entitling the laid off employee to pay-in-lieu of […]
Court Rules Constructive Dismissal for Employees Laid Off for Covid-19
Court Rules Constructive Dismissal for Employees Laid Off for Covid-19 Ontario courts continue to provide guidance with respect to layoffs caused by Covid-19. In the recently released decision of Ristanovic v. Corma Inc., 2021 ONSC 3351, Justice Dunphy held that two employees who were laid off at the onset of Covid-19 had been constructively dismissed. […]
The Costly Consequences of Failing to Abide by Termination Clauses
The Costly Consequences of Failing to Abide by Termination Clauses A recent decision of the Ontario Superior Court, Perretta v. Rand A Technology Corporation, 2021 ONSC 2111, demonstrates that even the most binding and enforceable termination clauses can be voided by employer conduct. The Plaintiff, Ms. Perretta, was terminated in 2018 after 5.5 years of […]
Ontario Court Of Appeal Once Again Confirms That Employment Agreements Must Read As A Whole
In Waksdale v. Swegon North America Inc., 2020 ONCA 391, an employee was terminated on a “without cause” basis after less than one (1) year of employment. His employer sought to enforce the termination clause in his Employment Agreement and provided him with two (2) weeks’ notice pursuant to the clause and the Ontario Employment […]
The Devil is in the Details When it Comes to “Fixed-Term” Employment Agreements
The Court recently provided further clarity to the area of “fixed-term” employment agreements with their recent decision in Lee v Choice Bank Limited. In this case, the employee had entered into a three-year fixed term employment agreement (“EA”) with the Defendant employer Bank to act as its President. The EA stipulated that her employment would […]
The Courts Have Spoken: Termination Clauses MUST be “Compliant” “Clear” and “Unambiguous”
In the past month, the Ontario Superior Court and Ontario Court of Appeal have released two decisions that have continued the recent trend of overturning termination agreements in favour of the employee. Recent Case Law If you recall, earlier this year we wrote a blog about a significant case, Wood v. Fred Deeley Imports Ltd., […]
The Document that Could Save You: The Importance of an Employment Agreement
In the not so distant past, it was common practice that an employment relationship begin with a simple “spit handshake” – a symbolic gesture showing both parties have nothing in their hands (or up their sleeves), and that a person’s word was their word. Fast forward to the present day of employment and labour laws, […]
Wood v. Deeley 2017 Court of Appeal Decision: A Must Read for Employers!
In the recent case Wood v. Fred Deeley Imports Ltd., 2017 ONCA 158 (CanLII) , the Ontario Court of Appeal determined that any breach of Ontario’s Employment Standards Act, 2000 (ESA) in a termination clause of an employment contract, will render it unenforceable. The employer, Fred Deeley Imports Ltd. (“Deeley”) hired Ms. Julia Wood (“Wood”) in […]