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Back to the Office, Back to Reality – Part 1
Can my employer force me to return to the office? Generally speaking, yes. This will depend on the terms of your employment contract (whether written or oral). For employees that had a pre-existing right to work from home, an attempt...
Termination for Cause: Actions Outside the Workplace
Outside the workplace, behavior leading to termination for cause is once again in the news here in Ontario. A London, Ontario neonatal intensive care nurse who organized an anti-mask protest in her hometown and participated in an anti-lockdown protest in...
The Importance of Language in Employment Contracts, Policies and Clauses
Employees often encounter incentive plan agreements that contain language limiting or eliminating their ability to collect such payments upon the termination of their employment. With the recent Supreme Court of Canada decision in Matthews v. Ocean Nutrition Canada Ltd., employers...
Ontario Court of Appeal decision will make you give your termination clause a second look
In Ontario, termination clauses in employment contracts must comply with the Employment Standards Act (ESA). When provisions of an employee’s contract fail to comply with the ESA, the non-compliant provisions are unenforceable. However, a recent Ontario Court of Appeal decision...
Constructive Dismissal: The unapparent termination
Both employees and employers alike must be aware of how changes and acts in an employment relationship can result in constructive dismissal. What is constructive dismissal? Constructive dismissal can take many forms. Among them, changes to an employee’s job title,...
Employee Entitlements and Severance Pay in Ontario
The Employment Standards Act ("ESA") in Ontario provides employees with various minimum entitlements under the law. Among the most significant are those dealing with employee entitlements at the time of termination. We often hear the term 'severance pay' applied to...
