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Searching Content indexed under Contract of Employment by Cassels Brock ordered by Published Date Descending.
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1
Termination Clauses Revisited - ESA "Failsafe" Language May Not Be As Failsafe As You Think
If there is one thing employers want to get right in a written employment agreement, crafting an ironclad termination provision would typically be at the very top
Canada
23 Sep 2019
2
Mcguinty v. 1845035 Ontario Inc. - A Stark Reminder Of The Importance Of Termination Provisions In Fixed-Term Employment
The Ontario Superior Court's recent decision in McGuinty v. 1845035 Ontario Inc. o/a McGuinty Funeral Home, in which the Court awarded nine years
Canada
9 Aug 2019
3
Costly Tweeting: Employee Pays High Price For Breaching Settlement Agreement
It is common for many employers to choose to settle workplace disputes rather than litigate. When making this decision, employers are often mindful of two major benefits of settlement:
Canada
5 Aug 2019
4
Divisional Court Confirms Employee's Desire To Return To Work, Without More, Does Not Trigger The Duty To Accommodate
The Divisional Court's recent decision in Katz Group Canada Ltd. v. Clarke1 provides helpful guidance to employers on the scope of the duty to accommodate and an employee's obligation
Canada
15 Jul 2019
5
Divisional Court Confirms That Employee's Desire To Return To Work, Without More, Does Not Trigger The Duty To Accommodate
The Divisional Court's recent decision in Katz Group Canada Ltd. v. Clarke1 provides helpful guidance to employers on the scope of the duty to accommodate and an employee's obligation
Canada
1 Jul 2019
6
Frustrated By Employee's Prolonged Medical Absence? Useful Decision On Proving Frustration Of An Employment Contract
As employers are likely aware, terminating the employment of an employee who is absent from work for a prolonged period due to disability is a thorny issue.
Canada
19 Oct 2018
7
Supreme Court Of Canada Grants Leave To Appeal Quebec Court's Ruling That Franchisees Can Be Employees
On May 18, 2018, the Supreme Court of Canada (the SCC) granted leave to appeal the judgment of the Quebec Court of Appeal (the QCCA) ...
Canada
12 Oct 2018
8
Deal Or No Deal? When Is A Final Release Actually Final?
A recent decision of the Ontario Superior Court of Justice illustrates the challenges employers can face when attempting to enforce a signed release.
Canada
20 Aug 2018
9
Nothing Ambiguous About It - Ontario Court Of Appeal Brings Some Clarity To The Interpretation Of Termination Clauses
As you will recall, in April of this year, we brought you an e-LERT examining the Ontario Superior Court's decision in Bergeron v. Movati Athletic (Group) Inc. 2018 ONSC 885 (Bergeron) ...
Canada
18 Jul 2018
10
If Only It Read "Only" – Ontario Court Nullifies Termination Clause Then Proposes A Corrected Version
While the Ontario Court of Appeal has had a number of occasions in the last couple of years to weigh in on the question of what makes for an enforceable termination provision in an employment agreement, ...
Canada
26 Apr 2018
11
Ontario Court Rules Allegations Of Workplace Sexual Harassment Are "Not Connected To Employment," Not Covered By Release
A recent decision of the Ontario Superior Court highlights the importance of including a comprehensive release in any separation package offered to an employee upon dismissal ...
Canada
4 Apr 2018
12
Ontario Court Of Appeal Provides Further Guidance On The Enforceability Of Termination Provisions...Again
In a good-news decision for employers, the Ontario Court of Appeal upheld another less than perfect termination provision, adding to its growing collection of decisions ...
Canada
2 Feb 2018
13
Employer Posting Requirement: Updated Employment Standards Poster
In connection with the changes to the Employment Standards Act, 2000 coming into force on January 1, 2018, the Ministry of Labour has published a new version of the Employment Standards Poster.
Canada
5 Jan 2018
14
Bill 148 Receives Royal Assent, Significantly Altering Labour And Employment Laws In Ontario
On November 27, 2017, Bill 148, the Fair Workplaces, Better Jobs Act, 2017, received Royal Assent. Bill 148 makes significant amendments to Ontario's Employment Standards Act, 2000 (the ESA) ...
Canada
30 Nov 2017
15
Timeline Of Bill 148 Amendments To The ESA, 2000
Bill 148 made significant amendments to Ontario's Employment Standards Act, 2000. Below we have provided a timeline outlining when the most significant changes will come into force.
Canada
30 Nov 2017
16
The Ontario Labour Relations Board Opens The Door To Franchisee Unionization In The Canada Bread Certification Case
The Ontario Labour Board has found that Canada Bread's drivers, who were principals of franchisee corporations that contracted with Canada Bread for the right to deliver products along designated routes, ...
Canada
19 Oct 2017
17
Potential Changes On The Horizon For Ontario's Employment And Labour Laws: Final Report From The Ontario Government's Changing Workplaces Review
After much anticipation, the Special Advisors appointed to lead the Ministry of Labour's Changing Workplaces Review (Review) released their final report (Report) this past Tuesday (May 22, 2017).
Canada
2 Jun 2017
18
Highlights From Ontario's Changing Workplaces Review
The Report is authored by Special Advisors C. Michael Mitchell and the Honourable John C. Murray, who were appointed to lead the Review.
Canada
25 May 2017
19
Denial Of Non-Discretionary Bonus Payable After Expiration Of Statutory Notice Period Upheld
In a good news decision for employers, the Court of Appeal for Ontario in Kielb v National Money Mart Company, 2017 ONCA 356, denied an employee's claim for payment of a non-discretionary...
Canada
17 May 2017
20
Court Of Appeal Confirms That Employer's Failure To Pay $330,000 Bonus Did Not Constitute Constructive Dismissal
However, not every breach of an employment agreement will constitute constructive dismissal, and the resolution of this issue can make all the difference in terms of employer liability.
Canada
26 Apr 2017
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