When an employee remains in the same company for an extended period of time, it is common for their responsibilities to shift and increase in comparison to when they were first hired. This raises the concern of whether an employee is still bound to their employment contract after these responsibilities change. A recent decision of […]
Mass Layoffs: Know the Law, Know your Rights
As the economic situation continues to evolve, companies are making rapid changes to their workforce. Unfortunately, these changes can result in mass layoffs, which can be difficult for both employees and employers. Earlier this month, Nordstrom announced it was shutting down all its Canadian stores, cutting 2,500 jobs. In Ontario, when companies make mass layoffs, […]
Severance pay in Ontario: What if I am fired for cause?
Ontario severance pay: What if I am fired for cause? A recent decision of the Ontario Court of Appeal, Render v. ThyssenKrupp Elevator (Canada) Limited, 2022 ONCA 310, confirmed that where an employee is terminated on a “for cause” basis, the employer may be required to provide severance pay under the minimum standards set out […]
Should Companies update their Employment Contracts?
Due to recent developments in the Courts, updates to the Employment Standards Act (the “ESA”), and workplace changes due to COVID-19, which have had a direct effect on the employment agreements of most Ontario employers, employers have increasingly sought to update their employment agreements with current employees as well as potential new hires. Currently, we […]
Non-competition Agreements Restricted under the Employment Standards Act
Employers in various industries often include non-competition agreements or clauses into their contracts with employees. This is common, for example, in professional services industries such as accounting, dentistry, legal, and also financial services, among others. Non-competition clauses prevent employees from leaving their current employer to work for a competing business while engaging in the same […]
Termination during COVID can result in longer notice periods
In the early days of the COVID, it was suggested that, when evaluating wrongful and constructive dismissal claims in the context of the pandemic, the Courts would take into account the negative effects of COVID on the job market, when assessing whether employees have met their duty to mitigate. Similarly, it was suggested that the […]
