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Fixed-terms are distinct from termination provisions: Ontario Court of Appeal

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Fixed-terms are distinct from termination provisions: Ontario Court of Appeal

In a short decision, the Court of Appeal for Ontario has recently clarified an important question regarding fixed-term employment contracts. Namely, whether a fixed-term itself can be considered a type of termination clause.

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

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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”).

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When are virtual termination meetings appropriate?

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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.

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CERB Payments are not Deductible from Wrongful Dismissal Damages

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CERB Payments are not Deductible from Wrongful Dismissal Damages

The Canada Emergency Response Benefit (“CERB”) was a form of income replacement offered by the Government of Canada at the start of the COVID-19 pandemic. Eligible recipients could receive $2,000.00 per month during the program’s 28-week duration (which ran from March to September 2020).

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When are employers at risk of aggravated damages awards?

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When are employers at risk of aggravated damages awards?

Losing a job can be an upsetting experience. This may be especially so where the individual in question had been employed for a long time, was part of a small tight-knit team, or the decision came seemingly out of the blue.

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Understanding the Changed Substratum Doctrine - Is Your Old Employment Contract Still Enforceable?

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Understanding the Changed Substratum Doctrine - Is Your Old Employment Contract Still Enforceable?

Our firm is often retained by employees and employers to provide advice on dismissal entitlements. One of the first places we look in this regard is to the parties’ written employment contract (if one exists). Employers have an incentive to implement written contracts as a means of limiting future dismissal costs. For similar reasons, contracts often come under heavy scrutiny by employees (and their lawyers) whenever a job termination takes place.

Be careful what you wish for: litigation lessons for employers

Be careful what you wish for: litigation lessons for employers

Hirings and firings are common to workplaces across Ontario. For various reasons, people come and go. Employment dismissals, however, when mishandled, can bring with them significant risk and result in unintended liability.

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