There is no such thing as ‘at will employment’ in Canada. The concept of ‘at will’ employment simply doesn’t exist here. In Canada, under the common law, absent just cause for dismissal, employees are per se hired for an indefinite term and they are thus entitled to reasonable notice of termination or pay in lieu. …
Constructive dismissal permits an employee to stop working and demand termination pay (i.e. severance pay) or failing that sue for wrongful dismissal even though their employment was never terminated. In other words, a constructive dismissal gives an employee the right to quit their job and get a severance and employment insurance (EI). Normally an employee is not …
Severance pay works by the employer providing you pay in lieu of it having to give you advanced “notice” that your employment will be terminated. For example, let’s say your employer has to give you six months’ notice. Severance pay is just a cheque for six months pay instead of you being told you will …
Are you an independent contractor or an employee in Ontario? Many people in Ontario work as genuine independent contractors. Think of the people that come to your office to fix your IT as true independent contractors. However, some employers misclassify their employees as independent contractors to avoid paying certain monies that are required under Ontario’s …
What is a severance package? A severance package is an offer of monies from an employer to an employee upon termination of employment in exchange for the employee signing a release releasing the employer from liability. In other words, a severance package is a settlement proposal to avoid the employee suing for wrongful dismissal. A …
Top 10 Tips when consulting an employment lawyer If you have arranged to meet with an employment lawyer for a consultation in person or on the phone, this quick guide will help you prepare in advance to get the most out of your time with the employment lawyer. Here is the top 10 things to …
Summary It is the terms of an Equity Agreement, Shareholders’ Agreement or Stock Plan that determine employees’ rights with respect to shares. The common law relating to compensation for breaches of a contract of employment (i.e. reasonable notice) does not apply to shares where there is a distinct agreement. Recent Case Law Some executives have …
Employment Lawyer: Basics An employment lawyer works with his or her clients on interpreting, advising and litigating legal issues concerning work. An employment lawyer can work with both employees and employers, although some employment lawyers choose to work with employees only or employers only. Like some other firms, Dutton Employment Law works with both employees …
Dutton Employment law is an executive employment law group within the Monkhouse law firm located on Bay Street in Toronto. We represent individual clients in all employment and HR matters in all industries, especially tech, oil and gas, mining, communications, marketing and advertising. We are located in Toronto but represent clients world-wide on issues with …
Not always. Only when a void Termination With Cause Clause and a valid Termination Without Cause Clause are mixed together, does the void Termination With Cause Clause render the valid Termination Without Cause Clause unenforceable. Recent Case Sheds Light on Issue of Void With Cause Clause In Waksdale v. Swegon North America Inc., 2019 ONSC …