Putting on the Brakes: Ontario courts are limiting the scope of post-dismissal mitigatory earnings

Putting on the Brakes: Ontario courts are limiting the scope of post-dismissal mitigatory earnings

A long-standing rule of wrongful dismissal cases is that employees who seek additional severance are required to look for new work post-dismissal. Employers are only obligated to pay monies for actual loss incurred beyond any statutory entitlement period.

Keep the Receipts: Dismissed Employee awarded $45,000 for job search expenses

Keep the Receipts: Dismissed Employee awarded $45,000 for job search expenses

Most people understand that if they lose their job, they have a right to receive severance from their employer. Generally speaking, what reflects fair severance for a person will depend on a number of factors such as whether the individual has a written employment contract, their age, their tenure of service, their formal education and the availability of comparable jobs in the local market.

Sober, Safe and Productive Workplaces: Managing the Legalization of Recreational Marijuana

Sober, Safe and Productive Workplaces: Managing the Legalization of Recreational Marijuana

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.

Provincial Election 2018: Do employees get paid time off on June 7 to vote?

Provincial Election 2018: Do employees get paid time off on June 7 to vote?

The provincial election campaign is in full swing. Attack ads are on TV, the debates have taken place and politicians of every stripe are pounding the pavement and knocking on doors to boost their hopes of election.

As we approach June 7, many of us who work may wonder whether we will get time off to head to the polls, and if so, how much and will such leave be paid? The Ontario Election Act provides eligible employees with three consecutive hours during voting hours (which are 9:00am to 9:00pm Eastern Standard Time) to go and vote.

Beware the “Courtesy Call”: Liability for breach of non-solicitation obligations

Beware the “Courtesy Call”: Liability for breach of non-solicitation obligations

A non-solicitation clause is a contractual requirement that serves to protect an employer from a departing employee’s attempts to recruit its staff or solicit business from its customers, clients or suppliers. At their root, these clauses are designed to protect the legitimate business interests of a company or organization, and to avoid unexpected loss in the event that staff depart.

Requirements for conducting a workplace harassment investigation: lessons from the Green Party

Requirements for conducting a workplace harassment investigation: lessons from the Green Party

Harassment in the workplace continues to be the human resources story that dominates the news. While cases like that of Harvey Weinstein and Charlie Rose often take centre stage, there are plenty of examples here in Canada.

Q&A: Temporary Lay-Offs from Work

Q&A: Temporary Lay-Offs from Work

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 temporary lay-offs from work.