Employee’s breach of non-solicitation provision proves costly

Employee’s breach of non-solicitation provision proves costly

It is common for employers to include language in their staff contracts to help safeguard business interests. This may take the form of obligations to protect confidential information and/or refrain from soliciting staff, suppliers and/or clients after the employment relationship ends.

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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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Condonation of an Unpaid Temporary Layoff Requires Positive Action

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Condonation of an Unpaid Temporary Layoff Requires Positive Action

In Pham v. Qualified Metal Fabricators Ltd., 2023 ONCA 255, the Court of Appeal for Ontario recently issued an important ruling regarding the law of unpaid temporary layoffs.

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Is a new test emerging for worker classification?

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Is a new test emerging for worker classification?

Workers are usually categorized as an employee or a contractor. Each category comes with its own distinct set of entitlements and obligations. Generally speaking, a contractor is someone in business for themselves, while an employee works for the benefit of another’s business.

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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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Five Provisions to Include in Your Employment Agreements

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Five Provisions to Include in Your Employment Agreements

When drafted carefully, written employment contracts can be helpful tools. They provide a clear view of the intended relationship and proactively address common issues that may arise. In so doing, contracts offer transparency and reduce the risk of future disputes.

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