Ontario superior court confirms that frustration of contract is a two-way street

Ontario superior court confirms that frustration of contract is a two-way street

The legal doctrine of frustration of contract is well known to employment lawyers but its application is not all that intuitive to the average employer or employee. In the recent case of Hoekstra v. Rehability Occupational Therapy Inc., 2019 ONSC 562, the Ontario Superior Court of Justice was asked to revisit this doctrine and opine as to whether an employee, as compared to an employer, can ever assert frustration to end an employment relationship.

Not Much to “Like”: Lessons from an Anti-Social Work Environment

Not Much to “Like”: Lessons from an Anti-Social Work Environment

Social media platforms moderate user-posted content to protect us from offensive, disturbing and sometimes criminal content. This process, however, is not always automatic. It often relies upon the efforts of individual workers to act as gatekeepers, keeping undesirable content at bay.

Termination clause update: New developments concerning benefit continuation and just cause language

Termination clause update: New developments concerning benefit continuation and just cause language

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.

Storing pornography on a work-issued laptop not “serious enough” to be cause for dismissal

Storing pornography on a work-issued laptop not “serious enough” to be cause for dismissal

Tagg Industries v. Rieder serves as a useful reminder of the importance of proving (and communicating to employees) a termination for cause, as well as the high threshold that employers must meet in such circumstances.

Off-Key? The Boston Symphony and Gender-Based Equality in Pay

Off-Key? The Boston Symphony and Gender-Based Equality in Pay

The size of an employee’s salary is often seen as an indicator of importance within an organization. Thus, when women are paid less than their male counterparts for performing similar work, it suggests that their efforts are somehow of lesser value. In Ontario, we have a number of legal mechanisms that are designed to reduce gender-based wage disparity, however, it remains a reality in far too many workplaces.

Arbitration Clause Illegal & Unconscionable: Uber Drivers Taken for a Ride

Arbitration Clause Illegal & Unconscionable: Uber Drivers Taken for a Ride

On January 2, the Court of Appeal for Ontario released its first decision of 2019: Heller v. Uber Technologies Inc. et al. While the new year is just getting started, this decision is likely to be one of the most significant from an employment law perspective. Its implications are far-reaching and raise novel compliance challenges for Ontario employers that contract to resolve workplace disputes by way of private arbitration.

Wrongful dismissal in Ontario: how do we calculate the value of lost benefits?

Wrongful dismissal in Ontario: how do we calculate the value of lost benefits?

When an employee is fired and not given sufficient notice, a common point of dispute becomes how to properly calculate the lost value of non-monetary benefits. Wages, by contrast, are a relatively simple affair. If a court orders the employee ought to have received an additional three (3) months’ notice, the parties need only calculate the value of three months’ wages and any resulting interest for the delay in payment.

Another Canadian Court Warns Employees Against Making Secret Recordings at Work

Another Canadian Court Warns Employees Against Making Secret Recordings at Work

In a previous blog entry, we wrote about the laws surrounding secret recordings in the workplace. As we cautioned: “[b]efore creating such recordings, be sure to think carefully about the necessity of the action and check whether any workplace policies may be engaged.”