Am I entitled to termination pay 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, meaning the employee is not entitled to receive reasonable notice in accordance with […]
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 […]
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, […]
Layoffs during COVID will not result in constructive dismissal
Ontario Court rules temporary layoffs during COVID will not result in constructive dismissal As a response to the effects of the COVID pandemic in workplaces, the government of Ontario enacted changes to the Employment Standards Act. Under the new legislation, employees who were temporarily laid off during COVID, would not be considered constructively dismissed. Previously, […]