Top Five Cases of Importance to Ontario Employment Lawyers

December is often a month for list making, whether it be gifts one wants from Santa Claus (yours truly very nerdishly celebrated his receipt of an original copy of the 1960 Ontario Weekly Notes earlier this month), or Top X lists of Y things. In the spirit of the latter, here are my Top Five Cases of Importance to Ontario Employment Lawyers.

Right to a Fair Opportunity on Probation

Christmas is time where some industries, such as retail, become exceptionally busy. In order to meet customer demand employers take on extra, seasonal staff. While some employers are upfront about the nature of the employment relationship, others inform potential employees that they will be employed on a trial, or "probationary" basis, and if things ‘work out’ they may be hired on full-time.

This blog has previously considered the issue of what it means to be on a “probationary period” at Ontario law in the post Probationary Periods and Notice . This post will look at employers’ rights to terminate employees on probation and employees’ rights to be afforded a fair opportunity to demonstrate their talents.

Was Clark Griswold Constructively Dismissed?

Here is a Christmas question: Was Clark Griswold constructively dismissed by his employer in National Lampoon’s Christmas Vacation? Watching the movie I was struck by two things: (1) how and why did I ever find this movie funny; and (2) this is a movie about constructive dismissal!

ONCA puts Dent in Dentist's Business

How enforceable is a non-solicitation agreement in an Ontario employment contract? According to a decision released earlier today by the Court of Appeal for Ontario, Smilecorp Inc. v. Pesin, 2012 ONCA 853, sometimes the answer is “very enforceable.”

Is Having an Affair Just Cause?

Is having an affair at work "just cause" for dismissal from employment under Ontario's labour and employment laws?

The question was put to me by a colleague at the time of the David Petraeus scandal, and my initial impression was ‘likely only if precluded by an employee code of conduct, or something similar.’ The case of Reichard v. Kuntz, 2011 ONSC 7460 (CanLII), decided in December of 2011, provides some insight into the topic.

Poorly Drafted Employment Agreement Proves Costly

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.

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.