Labour Pains

Do Ontario employers have the right to terminate an employee’s employment “at any time” and in their “sole discretion”? In Dufault v. The...

If an employment contract contains language that purports to allow the employer to terminate an employee for cause- and such language cont...

If an employment contract is negotiated as part of a larger commercial transaction, can the sophistication of the employee and the fact th...

As a matter of law, can the manner in which an employer dismisses an employee impact the enforceability of a contractual termination provi...

I appreciate that I have not blogged very much in 2021. To say this year has been “busy” in the employment bar might be a touch of an unde...

Should courts void contractual termination provisions if such provisions have even the remote potential to, at some later point in time, ...

“Employment law isn’t real.” Mention to my father that to which I have dedicated my intellectual focus and professional pursuits and he w...

Quit while you’re ahead and leave the numbers out of it. Those are the fundamental lessons from the decision of the Court of Appeal for ...

If an employment agreement contains one provision concerning the way by which one’s employer could terminate the agreement/employment wit...

If a contractual termination clause provides for “the greater of” ESA entitlements and a set amount, will the guarantee of “the greater o...

What happens when ambiguous facts get resolved via summary judgment and then appealed? One gets decisions like Ariss v. NORR Limited Arc...

Is the sole requirement to rebut the common law presumption of termination only upon reasonable notice that the contractual termination c...

2018 has been, compared to some other years, relatively quiet with respect to employment law jurisprudence. Sometimes that can be a good ...

Given all the other noise about what it takes to make a contractual termination clause legally binding, one can be forgiven for overlooki...

Stop me if you’ve heard this one before: An employer attempts to limit, by employing a contractual termination clause, its obligation to ...

You know what’s fun? Trying to make sense of whether the court is going to give effect to a contractual termination clause. And, in the c...

Must an employer provide its employees with a clear warning that it intends to provide no more than the minimum amount of notice prescrib...

Silence is golden. According to that proverbial saying it is sometimes better to say nothing than to speak. So what does this ancient sa...

Does an employer’s undertaking to “comply with its obligations under the employment standards legislation” displace the common law presum...

Everyone knows that in the classic children's game, Rock, Paper, Scissors , scissors beat paper. But can scissors beat statutes? To...