At common law, employees are presumed to be entitled to reasonable notice upon termination. This presumption can be rebutted by a termination clause, a contractual term which restricts an employee’s…
Domestic Abuse Impacts the Workplace Too
The #MeToo movement has put sexual harassment and violence in the workplace front and center. But what about violence that occurs in the personal lives of employees, such as domestic…
What to do about federally-regulated employees? Can you bring a federal human rights complaint within the body of a civil suit?
By Tara Vasdani
The Canadian Human Rights Act does not contain a provision akin to that of Ontario’s Human Rights Code specifically permitting a plaintiff to plead a human rights complaint within the body…
Termination during Probationary Period and OHL Players’ Class Action for Classification and Wages
By David Master
Nagribianko v. Select Wine Merchants Ltd: What are the implications of being dismissed during the probationary period? By David Master The “probationary period” is one of the most misunderstood concepts…
Contractors and Unintentional Termination
By David Master
Sondhi v. Deloitte: Are document reviewers employees or independent contractors? While the issue of classification, or misclassification, of a worker is not new, the debate continues to heat up in…
Constructive Dismissal Requires Employees to be Reasonable
By David Master
Constructive Dismissal is one of the most difficult concepts in employment law. As opposed to receiving a termination letter or being told “you’re fired”, determining whether a constructive dismissal occurred…
Termination Clause Saga Continues
Employers seeking to avoid common law obligations often use termination clauses, but in many cases, they are not worth the paper they are printed on. In recent years, our courts…
Refusing to Relocate: Just Cause for Dismissal?
An employer cannot make unilateral and substantial changes to fundamental aspects of an employee’s contract or terms of employment without providing consideration or, in some cases, proper notice. Such changes…
Termination Clauses: Anything But Certain
Have you presented a contract of employment, or even signed one yourself, that contained a termination clause to the effect of In case your employment is terminated, we will provide…
Twenty-six months of severance for a Dependent Contractor???
By Cody Yorke
Since the Ontario Court of Appeal’s decision in McKee v. Reid Heritage Homes in 2009, the category of workers deemed “dependent contractors”, as opposed to either employees or independent contractors,…