Employment Law and Labour Law

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.
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Ontario Court Of Appeal Addresses Termination Clauses And The Enforceability Of Equity-Based Compensation Language
The Ontario Court of Appeal recently released its decision in Wigdor v. Facebook Canada Ltd., addressing two significant issues for Ontario employers: the enforceability of termination clauses that purport to limit an employee's entitlements, and the application of the Employment Standards Act, 2000 (ESA) to equity-based compensation documents such as Restricted Stock Unit (RSU) agreements.
Canada Employment
F
Fasken
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Silva v. Royal Bank Of Canada: A Cautionary Tale About Terminating For Cause
A financial planner's wrongful dismissal case against RBC resulted in over $2.5 million in damages after the bank filed an inaccurate termination notice that destroyed her career prospects. The Ontario Superior Court found the bank's conduct vindictive and its allegations of cause unproven, raising critical questions about employer obligations when reporting terminations in the investment industry.
Canada Employment
AG
Affleck Greene McMurtry LLP
Article
Ontario Court Of Appeal Rules Employee Equity Vesting May Continue During Statutory Notice Period
The Ontario Court of Appeal has issued a significant ruling on how Restricted Stock Units must be treated during termination notice periods under employment law. This decision addresses whether RSUs continue to vest when an employee is terminated, both under statutory notice periods prescribed by the Employment Standards Act and under common law notice periods when contractual termination provisions are unenforceable.
Canada Employment
GL
Goodmans LLP
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RSU Forfeiture Revisited: Ontario Court Of Appeal Provides Important Guidance For Employers
The Ontario Court of Appeal has ruled that employees are entitled to continued vesting of RSUs and equity-based compensation during the statutory notice period, striking down forfeiture provisions that attempt to end vesting immediately upon termination. In a landmark decision awarding Dr. Wigdor nearly US$4.7 million in unvested RSUs, the Court clarified that equity compensation constitutes a "term or condition of employment" protected under the Employment Standards Act. What does this mean for employers w
Canada Employment
BJ
Bennett Jones LLP
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Article
From Case To Practice: Do Respondents Have A Right To Know The Identity Of A Whistleblower/Witness?
An Alberta court case examines whether whistleblower investigations can maintain witness anonymity while still providing respondents a fair opportunity to defend themselves. The decision establishes a framework for balancing confidentiality protections with procedural fairness requirements, analyzing five key factors that determine when identifying information must be disclosed to those facing allegations.
Canada Employment
RT
RT Workplace Training & Consulting Inc.
Article
Court Of Appeal Summaries (June 1 – 5, 2026)
The Ontario Court of Appeal overturned a lower court ruling that found provincial agricultural legislation unconstitutionally restricted freedom of expression. The decision examines whether regulations preventing animal rights activists from using false pretenses to access farms violate Charter rights, analyzing the balance between protecting agricultural operations and preserving investigative journalism about animal welfare.
Canada Commercial
BM
Blaney McMurtry LLP
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Article
Tariffs, Terminations And EI: Implications Of Canada’s New Support Package For Employers
Canada's federal government has announced a $3.5 billion rapid response support package in anticipation of retaliatory tariffs against the United States, introducing new temporary employment insurance measures and workforce retention programs. The package extends EI benefits, waives waiting periods, and creates funding opportunities for employers to retain and retrain workers rather than implement large-scale layoffs.
Canada Employment
SL
Siskinds LLP
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The Trade War Comes To The Workplace: What Canada’s New EI Measures Mean For Employers And Employees
Canada's federal government has announced significant temporary changes to Employment Insurance in response to escalating U.S. tariffs, including extended benefit periods and new flexibility for workers who voluntarily left previous jobs. These measures, part of a $7.5-billion support package, will directly impact how Canadian employers navigate workforce decisions during the trade dispute.
Canada Employment
GW
Gowling WLG
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Article
Silva v. Royal Bank Of Canada: A Cautionary Tale About Terminating For Cause
A financial planner's wrongful dismissal case against RBC resulted in over $2.5 million in damages after the bank filed an inaccurate termination notice that destroyed her career prospects. The Ontario Superior Court found the bank's conduct vindictive and its allegations of cause unproven, raising critical questions about employer obligations when reporting terminations in the investment industry.
Canada Employment
AG
Affleck Greene McMurtry LLP
Article
Your Employment Contracts Are Not Risk Management Tools If They Don’t Survive Litigation
Employment agreements are often treated as risk management tools. Employers rely on them to set workplace expectations and limit liability on termination. But an agreement only serves that purpose if it actually survives judicial scrutiny, and for the past few years, termination clause litigation in Ontario has increasingly turned on whether a court can find some theoretical reading of a clause that would violate the Employment Standards Act, 2000 ("ESA"), even where that plainly is not what the parties meant.
Canada Employment
LL
Lerners LLP
Article
Alberta Human Rights Tribunal Found To Have Jurisdiction Despite Parallel Union Grievance
In Haynes v Alberta (Human Rights Commission and Tribunal), 2026 ABKB 575 [Haynes] the Court of King’s Bench took a closer look at the discretion held by the Director of the Commission and the Chief of the Commission and Tribunals, and it provided further clarity on a complainant’s ability to proceed before the Tribunal when they have other more appropriate forums available for resolution.
Canada Government
BR
Bow River Law
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