Information About The Employer’s Edge
- Recent Ontario Court of Appeal Decision Reduces Notice Period but Preserves Bonus Entitlement
The issues of common law reasonable notice for long serving senior employees and bonus entitlement through that notice period can be thorny ones for employers. Surprisingly, there is not a standard practice for awarding common law notice and the courts will look at a number of factors to determine … Read more »
- Let’s Make a Deal…Unless the Law Won’t Allow It! Ontario Court of Appeal Reiterates that Employers Cannot Contract Out of the Employment Standards Act
Here are two things I want you to know before you even start reading this blog: Subsection 5(1) of Ontario’s Employment Standards Act (“ESA”) says that you cannot contract out of, or waive, any minimum standard in the ESA; Subsection 9(1) of the ESA says that when there is a sale of business, and th … Read more »
- If You Don’t Have Anything Nice To Say About Your Employer, Don’t Say Anything At All… Especially If It Isn’t True!
We have all heard the story: the disgruntled former employee badmouthing the company he or she used to work for to anyone who will listen. However, in the social media era, the negative effect of such an employee’s tirade(s) can be amplified, leaving employers frustrated and watching their reputati … Read more »
- Getting Off? Get Out! Arbitrator Upholds Just Cause Termination for Masturbating at Work
As our regular readers are likely well aware, unionized employers are held to a high threshold when asserting just cause termination. A recent decision out of Nova Scotia highlights the often complex intersection between employee misconduct, progressive discipline, and alleged disability. In UNIFOR, … Read more »
- Recent Court of Appeal Decision Highlights The Risks of Re-Hiring Formerly Terminated Employees
Employers are increasingly aware of their obligations to investigate workplace sexual harassment and provide a workplace free of workplace sexual harassment. The recent decision of the Ontario Court of Appeal in Colistro v Tbaytel confirms that employers must be cautious even in hiring decisions. In … Read more »
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