Two recent Small Claims Court cases demonstrate the courts’ willingness to sanction employers for improper just cause allegations. These cases …
Top 5 Mistakes Employers Make in their Contracts
It offends the Employment Standards Act Section 5 of the Employment Standards Act (“ESA”) prohibits employers from waiving or contracting …
What Happens if Employer Fails to Issue ROE on Time?
March 25 Update: In light of the COVID-19 pandemic, the Canadian government has proposed legislation to establish a new kind …
The Word “Probation” is Enough to Oust the Right to Common Law Reasonable Notice
Employers generally owe their employees common law reasonable notice upon termination without cause. However, if the parties agree to a …
When is New Income Deductible (Severance)?
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. …