We are not long into 2019 and yet one thing already seems clear – the law concerning employment contract termination clauses will continue to be the focus of a great deal of litigation in Ontario. In just the past few months alone, new decisions from the Superior Court have helped to advance the law and provide further guidance to employers on proper drafting of termination clauses.
Wrongful dismissal disputes are fairly common. In our experience they often resolve through negotiation and infrequently progress far into the litigation process. That said, sometimes cases of this nature do reach the court room and the parties usually fight over the quantum of severance sought, the type of payments claimed (i.e. bonus/commissions) and whether the former employee made reasonable efforts to find re-employment.
The pending legalization of recreational marijuana is a source of frequent debate and significant public interest. It has also raised concerns for employers as to how legalization may impact their workplaces and what steps may be taken to protect staff, ensure safety and avoid loss of productivity.
As December arrives, our minds turn to the holidays: turkey, eggnog, and a long-lived tradition — the office christmas party.
The office christmas party is a time for colleagues to relax a little and celebrate the coming season, and an opportunity for management to show their staff appreciation for another year of hard work.
In May 2015 we wrote on a major news story about off-duty conduct coming out of Toronto:
This week a media firestorm was sparked over comments made by a Hydro One employee (Shawn Simoes) to Shauna Hunt, a CityNews Television Reporter, outside a Toronto F.C. game. Shortly after the televised exchange, Hydro One made the decision to terminate Simoes' employment.
As we noted at the time, while Mr. Simoes' public conduct was abhorrent, it was not clear that Hydro One had just cause to fire its employee for actions not directly tied to the workplace.
