If a termination provision in an employment agreement does not technically violate the provisions of the Employment Standards Act at the time of termination, but has the potential to do so at other times, is it still enforceable? “No” says the Ontario Superior Court of Justice.
An employment law resource.
Sean Bawden, Partner, Kelly Santini LLP.
sbawden@ottawaemploymentlaw.com | 613.238.6321
Sunday, 25 November 2012
Poorly Drafted Employment Agreement Proves Costly
Sunday, 18 November 2012
Lying to Obtain Insurance Benefits Just Cause for Dismissal
Is fabricating claims for certain health benefits and then lying about their fabrication “just cause” for dismissal from employment? In the case of Mykki Cavic v. Costco wholesale Canada Limited, 2012 ONSC 5307 (CanLII) the Honourable Justice Carole Brown of the Ontario Superior Court of Justice, answered “yes” to that question.
Saturday, 17 November 2012
Exclusion Clause Insulates Against Tort Claims
Can a limitation of wrongful dismissal damages clause in an
employment agreement insulate individual employees from personal liability at
the time of dismissal? "Yes" says the Court of Appeal for Ontario.
Tuesday, 13 November 2012
The $2.5 Million Dollar Question
Not every employee who finds him or herself suddenly
unemployed is entitled to severance pay in Ontario. Although almost all
employees are entitled to “notice” of termination (employees on probation may
not be entitled to notice, on this point see Probationary Periods and Notice,)
significantly fewer are entitled to “severance.” (For a summary of what
“notice” of termination entails, and wrongful dismissal generally see What is Wrongful Dismissal?)
Sunday, 11 November 2012
Claims to the WSIB for Mental Stress and Workplace Harassment
Can an Ontario worker make a claim to the Ontario Workplace Safety and Insurance Board (WSIB) for benefits when the cause of injury is mental stress?
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