The Impact of Pregnancy on Notice Periods

The Impact of Pregnancy on Notice Periods: Nahum v. Honeycomb Hospitality Inc The Ontario Superior Court’s recent decision in Nahum v. Honeycomb Hospitality Inc. demonstrates the impact that pregnancy can have on assessing reasonable notice owed to employees terminated on a without cause basis. While the often cited Bardal factors (i.e., an employee’s length of […]

Ontario Superior Court Indicates that Notice Awards are on the Rise

For years, the conventional belief was that 24 months was the upper limit for common law notice awards in Ontario. However, in a recent case, Dawe v Equitable Life Insurance Company, the Plaintiff, Mr. Dawe, was not only awarded with a massive 30-month notice period, but the Justice speaking for the court in this case […]

Top 10 Employment Law Cases and Developments of 2018

1.  Fair Workplaces, Better Jobs Act (“Bill 148”) Came into Effect 2018 started off with a bang as the Fair Workplaces, Better Jobs Act (“Bill 148”) came into effect on January 1, 2018. Bill 148 resulted in the most significant amendments to Ontario’s employment legislation, the Employment Standards Act (the “ESA”), that the province had seen […]

Did the Employee Quit? When a Resignation is actually a Termination.

Consider you have a disgruntled employee working for you and you suspect he wants to quit.  However, you are also prepared to terminate him.  One day, the employee verbally mentions to you that they might just get up and leave, so you tell them to go ahead. Three weeks later, a lawyer’s letter lands on […]

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 […]