Court of Appeal Awards Over $200,000 for Breach of Fixe …

May 13th, 2016

Employers with employees on fixed-term employment contracts should pay heed to the recent decision in Howard v Benson Group, where the Ontario Court of Appeal reversed a motion judge’s findings with relation to a fixed-term contract and, in doing so, awarded an employee over $200,000.00 – the balance of his contract. The facts of the […]

Giving Your ‘Two Weeks’: Jesso and What Constitutes …

March 29th, 2016

The question of ‘what constitutes reasonable notice’ is one of the most frequently litigated issues in employment law.  There are numerous decisions from every level of court in Ontario which discuss the obligations of an employer to provide a reasonable period of notice to dismissed employees. However, it is a relatively rare occurrence that the […]

My Employer Forced Me to Resign – Was I Fired?

January 29th, 2016

By Ivan Merrow Getting fired is never pleasant, but sometimes it happens in unexpected ways. There is a big difference between resigning from your employment voluntarily and resigning after being pressured to do so. A voluntary resignation generally provides no legal remedy against your employer: you chose to end your employment contract, did not suffer […]

Does the Financial Health of an Employer Affect the Qua …

January 12th, 2016

In a recent decision, the Ontario Court of Appeal was called on to decide whether the economic health of a employer was a factor properly considered in determining the amount of reasonable notice that a dismissed employee was due. Was it, as the employer argued, a fact that required some attention by a court? Or […]

Harsh or “draconian” terms in employment contract n …

November 26th, 2015

By Michelle Stephenson In Kielb v. National Money Mart Company, a dismissed employee sought to have the termination and limitation clauses in his employment agreement found unenforceable. His goal was to recover his bonus for the year during which he was terminated, as well as his contractual pay in lieu of notice, which he waived, […]

Ontario Human Rights Code protection for law firm partn …

November 19th, 2015

By Michelle Stephenson In Swain v. MBM Intellectual Property Law LLP, the applicant, Dr. Margaret Swain, brought an application under Ontario’s Human Rights Code (the “Code”) against the law firm of which she was a founding partner. Swain alleged that the law firm, MBM, had discriminated against her with respect to employment and contract on […]

Employee Whose Contract is Frustrated by Terminal Cance …

October 6th, 2015

By Jeffrey H. Spiegel It is clear from the relevant statutory and regulatory provisions under the Employment Standards Act, 2000 (the “Act”) that an employee whose contract is frustrated on account of illness or injury is entitled to both termination pay and severance pay.  An employment contract is frustrated when the employee will be unable […]

Resignation or Termination?

May 11th, 2015

When an employer – employee relationship comes to an end, it is usually because the employer has terminated the employee or because the employee has resigned. However, in some cases, it is not explicitly clear whether there has been a termination or a resignation. Constructive dismissal is when an employee is not formally dismissed, but […]

Two Lessons from Paquette v Quadraspec Inc.

December 11th, 2014

In Ontario, employment relationships are governed by the Employment Standards Act, 2000 (the “ESA”). The ESA sets out minimum entitlements that employers must provide to their employees. The parties to an employment contract cannot contract out of the minimum entitlements under the ESA. In Paquette v Quadraspec Inc., Mr. Paquette made two different claims against […]

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