News & Events
Ontario Court of Appeal rules again on termination provisions in North v. Metaswitch
October 30, 2017
The Court of Appeal has again ruled on the issue of terms in employment contracts which purport to limit an employee to minimum notice under the Employment Standards Act, 2000 (“ESA”) upon termination. In North v. Metaswitch, the Court of Appeal held that it is improper to use a severability clauses to remove portions of
Expertise
Employment Law
Failure to pay $300,000 bonus is not constructive dismissal
May 2, 2017
Does an employer’s failure to pay a $300,000 bonus constitute constructive dismissal? Not according to Chapman v. GPM Investment Management, a recent decision from the Ontario Court of Appeal. Although there was no doubt that the employer had breached the employment contract by failing to pay the bonus, this conduct did not substantially alter an
Expertise
Employment Law
Fast Food Employee’s Wrongful Termination Results in Aggravated Damages
March 6, 2017
On February 9, 2017 the British Columbia Supreme Court released its decision in Ram v Michael Lacombe Group Inc., which made national headlines due to egregious facts and the quantum of damages awarded to a low-level employee. The Employee worked as a cook at Burger King for over 24 years when she was terminated without
Expertise
Employment Law
A Layoff is a Constructive Dismissal but a Failure to Accept a Recall will Limit Damages
June 28, 2016
The Ontario Superior Court of Justice recently concluded that an employer’s imposition of a layoff in the absence of a contractual clause permitting a layoff can be treated as a repudiation of a fundamental term of the employment contract even in circumstances where an identifiable recall date is provided at the time of the layoff.
Expertise
Employment Law