Wrongful dismissal disputes are fairly common. In our experience they often resolve through negotiation and infrequently progress far into the litigation process. That said, sometimes cases of this nature do reach the court room and the parties usually fight over the quantum of severance sought, the type of payments claimed (i.e. bonus/commissions) and whether the former employee made reasonable efforts to find re-employment.

According to Restaurants Canada, the Canadian food service industry employs over 1.2 million people. With so many people involved in this industry, whether as franchise owners, professional chefs or part-time servers, it is important to be aware of the workplace rights and obligations that apply. The food services industry is in many ways unique, facing safety and cost challenges that many other sectors do not. With that in mind, we set out to provide an overview of some key employment rights and obligations:

Earlier this month, Vey Willetts lawyer Andrew Vey spoke with Global News about the novel implications of a recent Ontario court decision for sexual harassment complainants. 

In a landmark decision, the Human Rights Tribunal of Ontario (“HRTO”) has found an employer who required job candidates to be either Canadian citizens or permanent residents liable for discrimination contrary to the Human Rights Code (the “Code”).

Making a complaint of workplace sexual harassment can be daunting. If the actual harassment itself is not bad enough, employees often fear job-based retaliation for speaking out, or that making matters public might undermine their professional reputation.

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.

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.

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.

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.

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.

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 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.

On a recent Ontario summary judgment motion, Justice Kane considered whether a former employee of Algonquin College (the “College”) had been properly dismissed for just cause.

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 wrongful dismissal from employment.

Dismissing an employee is not a pleasant experience. But whether you like it or not, this is one task that most businesses will encounter at some point. As President Trump reminded us again this week after reports surfaced that Secretary of State Rex Tillerson learned of his firing by way of a twitter post, there is both a right way and a wrong way to conduct employee terminations.

Employees are entitled to work in a respectful environment, free from harassment and discrimination. In circumstances where the work environment deteriorates to such an extent that it may be considered “poisonous” or “toxic”, a court will likely find that the employer’s behaviour in creating and/or condoning this environment amounted to a constructive dismissal of the affected employee.

Vey Willetts lawyer Paul Willetts was quoted in the February 26, 2018 edition of The Lawyer's Daily. The article, "Automated legal services cost efficient, but can leave clients vulnerable, lawyers say", considers the advantages and disadvantages of artificial intelligence, and the automation of legal documents, for individuals in need of legal assistance. 

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.