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 […]
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 […]
Employment contracts with Non-compete under the ESA
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 […]
Can employees be terminated for refusing to get the COVID-19 vaccine?
Can employees be terminated for refusing to get the COVID-19 vaccine? We answer this Employment Law question in an article we wrote for Mechanical Business Magazine. #MechBiz “One of the most common questions in the minds of business owners across the country is whether employees can, and should, be required to provide proof of vaccination, […]
