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  • About Us
        • About MacDonald & Associates
        • Natalie C. MacDonald
        • Christopher Randall
        • Danielle Johnson
  • Events
  • How We
    Help Employers
    • How We Help Employers

    • Restrictive Covenants
      • Non-Competition Covenants
      • Non-Solicitation Covenants
      • Duty of Confidentiality and Loyalty
      • Fiduciary Duties
    • Human Rights
      • Accommodation of Disability
      • Accommodation of Family Status
      • Discrimination and Harassment
      • Defending Human Rights Complaints
    • HR Compliance
      • Employment Standards Legislation
      • Health & Safety Legislation
      • Bill 168 / Bill 132
      • AODA
    • Leaves of Absence
      • Pregnancy and Parental
      • Medical / Disability
      • Personal Emergency
    • Discipline and Dismissal
      • Performance Management
      • Dismissals
      • Severance Pay & Termination Packages
      • Termination for Just Cause
      • Restructuring
      • Defending Wrongful Dismissal Cases
    • Conduct a Workplace Investigation
      • Bullying and Harassment
      • Employee Misconduct
      • Human Rights Infringements
    • Strategic HR
      • Policy & Procedures
      • Employment Contracts
    • Attendance Management
    • Social Media & The Workplace
  • How We Help
    Employees
    • How We Help Employees

    • Contract Review
    • Constructive Dismissal
    • Workplace Harassment & Bullying
    • Human Rights Issues
    • Non-Competition Agreements
    • Non-Solicitation Clauses
    • Fiduciary Duties
    • Social Media and the Workplace
    • Termination of Employment
      • Review of Severance Package
      • Just Cause Terminations
    • Leaves of Absence
      • Pregnancy and Parental
      • Medical / Disability
      • Personal Emergency
  • In The
    Courtroom
  • In the
    Media
    • Firm Articles
    • Videos
  • MacDonald
    Wrote the Book
  • Contact

Open Monday - Friday 8:30am to 5:30pm EST

Dismissals

How to Enforce Your Employment Rights & What Happens if There is Reprisal

By MacDonald & Associates

The majority of employees in this province are subject to employment laws such as the Employment Standards Act, 2000 (the “ESA”), the Ontario Human Rights Code (the “Code”), and the…

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Constructive Dismissal Requires Employees to be Reasonable

By Natalie C. MacDonald

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…

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Termination Clause Saga Continues

By Natalie C. MacDonald

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…

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Refusing to Relocate: Just Cause for Dismissal?

By Natalie C. MacDonald

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…

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You Don’t Need to Have a Good Reason to Dismiss an Employee… Well, Usually Not

By Natalie C. MacDonald

Generally speaking, the law in Canada is that employers can let an employee go at any time, for any reason, or no reason at all, as long as they provide…

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Termination Clauses: Anything But Certain

By Natalie C. MacDonald

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…

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Twenty-six months of severance for a Dependent Contractor???

By Natalie C. MacDonald

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,…

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Reinstatement: Now the default for OHSA Reprisal

By Natalie C. MacDonald

In November, I posted about the Occupational Health and Safety Act (“OHSA”) exception to the general rule that reinstatement is not a remedy available to non-unionized employees. Around the same…

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Reinstatement – The OHSA Reprisal Exception

By Natalie C. MacDonald

When people lose their jobs, one of the first questions they ask is “can I get my job back?” Generally, the answer is no. There are some exceptions, however. One…

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When It Rains It Pours: 2 Major Employment Law Decisions in One Day

By Natalie C. MacDonald

Two major decisions were released today by both the Supreme Court of Canada addressing the issue of mandatory retirement, as well as the Ontario Court of Appeal addressing the issue…

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