Another One Bites the Dust: Understanding the Law of Termination Clauses in Ontario

Another One Bites the Dust: Understanding the Law of Termination Clauses in Ontario

2024 got off to a bang in the world of employment law. In a recent trial level decision, an Ontario judge has found yet another termination clause illegal and unenforceable. In so doing, the court accepted an entirely novel argument for why termination provisions may be read as impermissibly contracting out of the mandatory requirements of the Employment Standards Act, 2000 (the “ESA”).

Wrongful resignation: rarely worth the effort

Wrongful resignation: rarely worth the effort

Much of employment law centres on wrongful dismissal litigation. Wrongful dismissal arises when an employer has terminated the employment relationship and failed to provide sufficient advance notice or pay-in-lieu to the affected employee. Less well known is the corollary of wrongful dismissal: wrongful resignation. Just as employers are obligated to give notice prior to terminating the employment relationship, so too are workers.

The importance of honesty in the hiring process

The importance of honesty in the hiring process

Hiring processes can be competitive – particularly in a slow market where eligible candidates may outnumber available opportunities. While applicants may look to present their experience or qualifications in the most favourable light (whether on a CV or in the course of an interview), there is a significant difference between positive spin and blatant dishonesty.

When are virtual termination meetings appropriate?

When are virtual termination meetings appropriate?

Among the changes brought about by the COVID-19 pandemic was an increased normalization of virtual meetings.

I can count on one hand the number of Zoom or Teams meetings I attended before March 2020. In 2023, by contrast, virtual meetings are an almost everyday occurrence.

Working for Workers: Take Four

Working for Workers: Take Four

On November 14, 2023, the Ontario provincial government tabled Bill 149 (the Working for Workers Act, 2023). This is the fourth installment in Ontario’s “working for workers” legislative changes. If passed into law, Bill 149 will result in amendments to several employment statutes including the Employment Standards Act, 2000 (“ESA”) and the Digital Platform Workers’ Rights Act, 2022 (“DPWRA”).

Breach of confidentiality proves to be a costly mistake

Breach of confidentiality proves to be a costly mistake

When parties to a workplace dispute agree on a settlement, one typical term required by employers relates to confidentiality. Such clauses mandate that the employee refrain from telling third parties details of the deal that has been reached (with normal exceptions made for immediate family and professional advisers).

Moonlighting during working hours warrants cause for dismissal

Moonlighting during working hours warrants cause for dismissal

It is not uncommon for an individual to work a second job – or to take on a “side hustle” – to supplement their income. Most employers will tolerate such activities where they are non-competitive in nature, carried on outside of working hours, and do not interfere with the individual’s performance of their duties.

Time to Expand the Search? The Duty to Mitigate in a Remote Work World

Time to Expand the Search? The Duty to Mitigate in a Remote Work World

Individuals in Ontario have a duty to mitigate their loss of employment when seeking damages for wrongful (or constructive) dismissal. In practical terms this means that while employees may be able to seek damages from their former employer (to put them in the position they would have been had they received adequate notice of termination), they must make reasonable efforts to replace their lost income by looking for, and accepting, other comparable work.