Information About Labour Pains
Recent Posts
Below is a preview of the five most recent posts from the blog Labour Pains. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- Law Summer Santa 2025
Registration deadline for Law Summer Sanata 2025 is 19:59 Eastern Time, Sunday, 4 May 2025. Names will be drawn / assigned at 20:00 on Sunday. There are three fundamental ‘rules’ of Law Summer Santa: Make Connections; Spark Joy; Do Good. Here’s how we make that happen. Please read the following befo … Read more »
- Employers Cannot Rescind Notices of Termination
Can an employer withdraw a termination of employment after it has been delivered to its employee? In a series of cases from the Ontario Superior Court of Justice, one of which I argued, judges have consistently held that an employer cannot. … Read more »
- Employers May Deduct Statutory Payments from Wrongful Dismissal Damages
When calculating damages for failing to provide reasonable notice of termination, can an employer deduct statutory termination pay and severance already paid to the employee? The 1996 decision of the Court of Appeal for Ontario in Stevens v. The Globe and Mail, 1996 CanLII 10215 (ON CA), affirmed th … Read more »
- Calculation of Damages for Lost Commissions
How is commission income addressed when calculating severance under Ontario employment law? In Shelp v. GoSecure Inc., 2025 ONSC 49, the Honourable Justice Charles T. Hackland of the Ontario Superior Court of Justice sitting in Ottawa affirmed that “it is common practice in the case law for courts t … Read more »
- Validity of Arbitration Clauses in Employment Contracts Within Arbitrator’s Jurisdiction: ONCA
Can an employment contract in Ontario legally prohibit someone from suing for wrongful dismissal? Can your employer require you to “arbitrate” your case rather than allowing you to use the public court system? In Irwin v. Protiviti, 2022 ONCA 533, Ontario’s top court held that arbitration clauses in … Read more »