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.
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 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.
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.
A recent decision from Ontario's Court of Appeal, North v. Metaswitch Networks Corporation, confirms how the courts in our province will assess an employee's severance entitlement where his/her employment was governed by a written agreement that includes a termination provision.
A dismissal from employment is rarely pleasant for anyone involved. Frustration, anxiety and hurt feelings are all common by-products. But how do we assess whether an employee has suffered harm beyond the ordinary due to a poorly handled termination?
Vey Willetts lawyer Paul Willetts was quoted in the October 10, 2017 edition of The Lawyer's Daily. The article, "Timing, Privacy Issues Raised over Ontario's Proposed Domestic Violence Leave Bill," considers recent proposed legislation that seeks to provide employees with up to 10 days of paid leave, and up to 15 weeks of unpaid leave per year to deal with issues arising from episodes of domestic or sexual violence.
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 how to navigate the loss of a job and ensure that you receive a fair severance package.
