Commitment to “comply with statute” not enough to displace common law rights on termination

Commitment to “comply with statute” not enough to displace common law rights on termination

Last month, the Court of Appeal for Ontario released its decision in Nemeth v. Hatch Ltd. garnering a lot of attention within the province’s employment law bar.

The Steve Paikin Case: Tips for Employers in Responding to Allegations of Sexual Harassment

The Steve Paikin Case: Tips for Employers in Responding to Allegations of Sexual Harassment

Since allegations related to Hollywood producer Harvey Weinstein first became public, the #metoo movement has provided a catalyst for society to confront its handling of sexual harassment. Just this week, the latest public figure to be embroiled in such allegations is Steve Paikin, a prominent journalist employed by the provincially-funded broadcaster TVOntario (“TVO”).

Q&A: Sexual Harassment in the Workplace

Q&A: Sexual Harassment in the Workplace

Q&A is a recurring series on the Vey Willetts LLP blog. The aim is to provide quick answers to questions we commonly encounter in our day-to-day practice of employment law. In this edition, we focus on sexual harassment in the workplace.

Limitation periods and statutory severance pay: an update

Limitation periods and statutory severance pay: an update

Last April, we wrote about an interesting decision from the Ontario Superior Court concerning when the limitations period begins to run for claims of wrongful dismissal and statutory severance pay. In that case, the Court held that the limitation period to claim unpaid statutory severance pay commences as soon as working notice of dismissal is issued to an employee.

$750,000 in moral and punitive damages awarded to employee left to “twist in the wind”

$750,000 in moral and punitive damages awarded to employee left to “twist in the wind”

Before 2017 comes to a close, the Ontario Superior Court of Justice has provided at least one last case that is sure to catch the attention of employers. In a decision issued on December 7th, Justice Emery issued an award of $750,000 for moral and punitive damages to a senior managerial employee who effectively found herself benched for almost 10 months prior to her actual date of dismissal.

Same Game, New Rules: Changes to Ontario's Workplace Laws

Same Game, New Rules: Changes to Ontario's Workplace Laws

Last month, the provincial government passed into law Bill 148, the Fair Workplaces, Better Jobs Act, 2017. This Act brings with it significant changes to employment law in Ontario for both employees and employers. In particular, Bill 148 will overhaul parts of the Employment Standards Act, the Labour Relations Act and the Occupational Health and Safety Act.

Q&A: Constructive Dismissal from Employment

Q&A: Constructive Dismissal from Employment

Q&A is a recurring series on the Vey Willetts LLP blog. The aim is to provide quick answers to questions we commonly encounter in our day-to-day practice of employment law. In this edition, we focus on constructive dismissal from employment.

Amberber v. IBM Canada Limited: Termination clause fails to rebut employee’s entitlement to reasonable notice

Amberber v. IBM Canada Limited: Termination clause fails to rebut employee’s entitlement to reasonable notice

Vey Willetts LLP was recently successful in defeating a summary judgment brought by IBM Canada Limited. This decision, Amberber v. IBM Canada Limited, serves as an important reminder to employers of the need to draft contractual termination clauses with a high degree of clarity, or risk unanticipated liability in the event of a without cause dismissal.