Employers generally owe their employees common law reasonable notice upon termination without cause. However, if the parties agree to a …
Wrongful Dismissal: When is Mitigation Income Deductible?
Introduction The Ontario Court of Appeal, in Brake v. PJ-M2R Restaurant Inc., 2017 ONCA 402 (CanLII), recently clarified the law …
How to terminate an employee who has been charged with a criminal offense
The laying of a criminal charge alone does not constitute just cause (i.e. dismissal without notice) in every instance. In …
When is video evidence permitted at a labour arbitration?
A case from 2006 (Canadian Union Of Public Employees, Local 27 V. Greater Essex County District School Board (Postma) (Hunter, …
Are employees of a marijuana dispensary protected by employment standards?
With news almost every week of another marijuana dispensary raided by the police, Ontarian’s have asked, can the Ministry of Labour …
The Importance of the Word “Minimum” in Employment Contract Termination Clauses
Employees are entitled to reasonable notice upon termination of their employment. However, a termination clause contained in an employment contract …
Can Lay Witnesses Provide Opinion Evidence?
Can Ministry of Labour Inspectors or Officers (i.e. lay-people) offer opinion evidence? Brief Answer: Yes (probably). Introduction: In R. v. …
What if my old employer gets me fired from my new employer?
If a party, like a former employer, suggests to another to fire a certain employee, the party who tattled on …
Is Discipline Due Diligence?
In an Occupational Health and Act (“OHSA”) prosecution, the best defense is “due diligence”. In that regard, courts have held that …
Are construction employees entitled to notice of termination?
Construction employees are not entitled to termination or severance pay under the Employment Standards Act (the “Act”). Section 1 of Ontario …
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