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 […]
Just Cause Provision Upheld by Ontario Superior Court
Just Cause Provision Upheld by Ontario Superior Court Post Wakdsale Following the Court of Appeal’s decision in Waksdale released in June 2020 (which we have previously written about), many termination clauses became vulnerable to findings that they were unenforceable based on ambiguously phrased just cause clauses, in turn allowing many dismissed employees to pursue common […]
#SorryNotSorry: Refusing to Apologize Does Not Constitute Grounds for Just Cause
In Hucsko v. A.O. Smith Enterprises, 2020 ONSC 1346, a long-service (20 years), senior-aged (62 years old) employee (the “Employee”) was subject to a just cause termination subsequent to the fall-out of a workplace harassment investigation. The workplace investigation was conducted by the Employer, after the Employee’s female co-worker complained that he had made sexually inappropriate […]
What You Do Outside of Work Could Cost You Your Job!
In our current digital age there is an increasing blur between personal and work life. As a result of the internet and social media, an employee’s off-duty behaviour is increasingly visible to their employer and the general public. Content can be shared with the world in a matter of seconds on social media and there […]
American Apparel Dismisses Its Canadian Bad Boy: How Sexual Harassment Can Put a Company in Peril
A recent shake-up at American Apparel saw CEO and founder Dov Charney ousted from the company amidst a damning history of sexual harassment scandals. Scandal is old hat for Charney; he’s been plagued with claims of bizarre and inappropriate behavior since a peculiar interview with Jane magazine over a decade ago, and he has faced […]