‘Saving Provisions’ Will Not Cure Your Deficient Termination Clause
Every year we analyze countless new cases where the courts have grappled with the enforceability or lack of enforceability in termination clauses. This is for good reason – an enforceable termination clause is likely the single-most important provision in an Employment Agreement. An enforceable termination clause that restricts an employee’s rights upon termination to the […]
Resignations Must Be ‘Clear’ and ‘Unequivocal’
Throughout the past year, several decisions have consistently illustrated that employers must exercise extreme caution when receiving and responding to employee resignations. The overarching theme that the courts repeatedly confirmed was that employee resignations, retirements or job abandonments must be clear and unequivocal. Furthermore, the court reiterated that the onus is on the employer to […]
The Court Clarifies that Exceptional Notice Awards will ONLY be Awarded in Cases with Exceptional Circumstances
The Ontario Court of Appeal recently provided some much-needed clarity into whether the Courts will impose a “cap” on the wrongful dismissal notice awards. In our view, the opposing views shared by the Trial Court and Court of Appeal throughout this recent case is a perfect example of why employers need to be especially careful […]
The Court Awards Plaintiff a Whopping $1.27 MILLION in Constructive Dismissal Damages
In a recent decision, McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), the court awarded the Plaintiff with a damage award exceeding $1.27 million as a result of a constructive dismissal. In this case, the Defendant employer, signed a Fixed-Term 10-year “Transitional Consulting Services Agreement” with the Plaintiff employee. This Fixed-Term Agreement was notably silent […]
The Court Provides Clarity on Successor Employer Obligations and Potential Liabilities
In Manthadi v. ASCO Manufacturing, the court found that the recent purchaser of a company was on the hook for all 36 years of service for wrongful dismissal damages. The Plaintiff employee, Ms. Manthadi had worked as a welder for ASCO Manufacturing Ltd. since February 1981. In September 2017, Ms. Manthadi was advised that ASCO […]
Ontario Court of Appeal: Exceptional Notice Awards will ONLY be Awarded in Cases with Exceptional Circumstances (Dawe Update)
The Ontario Court of Appeal recently provided some much-needed clarity into whether the Courts will impose a “cap” on the wrongful dismissal notice awards. As we wrote about in our April 2019 article, Exceptional Notice Awards Will Be Awarded In Cases With Exceptional Circumstances, in Dawe v The Equitable Life Insurance Company of Canada, the […]
The Court Provides Further Clarity on the Employee’s Duty to Mitigate Damages When Offered Re-Employment
In Gent v Strone, the Court found that the Defendant employer had constructively dismissed the Plaintiff employee upon the commencement of a temporary lay off – due to the absence of an enforceable Employment Agreement permitting them to do so. However, the Court indicated that the employee had, in turn, acted unreasonably and consequently, failed […]
The Court Emphasizes the Importance of Responding Diligently When Served with a Statement of Claim
In Saikaly v Aikman Construction, the employee had been employed by the Defendant employer for approximately 12 years before receiving a “just cause” termination. The employee denied wrongdoing and filed a formal Statement of Claim against the employer for wrongful dismissal. Despite several follow-ups with the organization, the employer failed to file a Statement of […]
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 […]
Moving Forward After #METOO: Building A Safe & Respectful Workplace
By: Jordan Rodney & Nicole Mast Kusch in Dialogue Magazine Building a Safe and Respectful Workplace At its peak, the #MeToo movement was all over the internet, TV and radio. It seemed that everywhere you turned, new and serious allegations surrounding your favourite stars and business leaders were coming to the forefront. Although the movement […]