News & Events
Illegal Termination Provision Entitles Terminated Employee to Payment for Entire Fixed-Term Agreement
February 22, 2023
Since being released, Ontario courts have applied Waksdale v. Swegon North America Inc., 2020 ONCA 391 (“Waksdale“) and held that where a ‘for cause’ provision violates the Employment Standards Act, 2000 (“ESA“), all clauses in the employment contract are void and unenforceable, thus entitling employees to full common law notice. This was no different in
Expertise
Employment Law
Busayo Faderin Quoted In Canadian HR Reporter
February 17, 2023
Busayo Farderin was quoted in the Canadian HR Reporter article, “Why HR should care about new violence and harassment treaty” To read the article, please click here.
Have you made your 2023 New Years Human Resource Resolutions?
January 9, 2023
As we start off the new year it is a good time to review your practices and think of adopting some new ones. What are the ways to do what you do better? Here are a few thoughts on what we see businesses missing or getting wrong with great frequency. Not updating policies Your Workplace
Expertise
Employment Law
Careful Drafting and Reasonable Limits Remain Key in Non-Compete Provisions
October 11, 2022
While the 2021 ESA amendments relating to non-competition agreements are likely to limit the circumstances in which such agreements can or will be used in the future, non-competition agreements that were in place prior to the ESA amendments remain unaffected. The legal enforceability of non-competition agreements that pre-date the ESA amendments continue to hinge on
Expertise
Employment Law
Arleen Huggins To Speak At The HRPA 2022 Annual HR Law Conference
September 28, 2022
Arleen Huggins will be speaking at the HRPA 2022 Annual HR Law Conference on October 26, 2022. Arleen will be participating in a panel discussion focused on “A Retrospective of 30 Years in HR Law”. For more information about the conference, please click here.
What is exceptional? How to get more than 24 months notice of termination…
August 8, 2022
The Ontario Court of Appeal in the 2019 decision of Dawe v. the Equitable Life Insurance Company of Canada held that only exceptional circumstances would support the award of a notice period in excess of 24 months in relation to the termination of someone’s employment. Recently they had occasion to review that decision. At trial
Expertise
Employment Law
Paid and Deemed Infectious Disease Emergency Leaves Set to Expire
July 15, 2022
After a series of extensions, deemed infectious disease emergency leave (“deemed IDEL”) will expire on July 30, 2022, and paid infectious disease emergency leave (“paid IDEL”) is set to expire on July 31, 2022. Deemed IDEL Recap Subject to certain exceptions, the Ontario government instituted temporary relief from Employment Standards Act, 2000 (“ESA”) termination and
Expertise
Employment Law
Arbitrators Split in Two Recent Decisions on Whether Two-Dose COVID-19 Vaccine Mandates Continue to be Reasonable as Pandemic Evolves
July 6, 2022
As public health responses adapt to an ongoing and evolving COVID-19 pandemic, now dominated by the Omicron variant, arbitrators continue to consider whether mandatory workplace vaccination policies remain reasonable. In two recent decisions, Alectra Utilities Corporation v Power Workers’ Union and FCA Canada Inc. v Unifor, Locals 195, 444, 1285, labour arbitrators recognized the importance
Practice Area
Labour Law
Martin Ejidra to Speak at the 2022 Certificate in Canadian Benefits Plans Program
July 5, 2022
Martin Ejidra will be speaking at the Certificate in Canadian Benefit Plans Program in Seattle on August 22-24. The Certificate in Canadian Benefit Plans is the perfect introduction to the world of Canadian employee benefits, pensions and human resources practices. This intensive 3-day program offers unmatched opportunities for live, hands-on learning, networking with your peers
Workplace Policy Housekeeping June 2022
June 27, 2022
With the summer months here and many workplaces and employees focused on upcoming time off, it is important that workplaces ensure that they are up to date on new workplace requirements in Ontario. Right to Disconnect Policy For the first year of this new requirement, employers that employed 25 or more employees on January 1,
Expertise
Employment Law