Labour Pains

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

It is a well-known fact that employers must provide their employees with “reasonable notice” of the termination of their employment. But,...

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...

On November 24, 2017, in a post titled, Working Notice Inappropriate for Employees on Disability Leave , I blogged about the decision of ...

In the 1997 movie “Wag the Dog” the spin doctors hired to get the President re-elected release an ad campaign with the slogan “ Never chan...

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

Can you be fired from your job before you even begin it? As preposterous as that question may sound, that was the very question with which...

Few things in law are certain. Even fewer things in life are certain. In fact, it is said that only two things in life are certain: death ...

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

(c) istock/BernardaSv If I reject a severance offer, will the judge think I am being too greedy in asking for more? That question is a c...

(c) istock/MattZ90 Lawyers are often loathe to guarantee anything. However, it is said that two things in life are guaranteed: death and...

(c) istock/Jrcasas A frequent criticism of the Canadian judicial system is that it moves too slowly. Indeed, as the Supreme Court of Can...

(c) istock/Choreograph It’s here. On February 23, 2017, the Court of Appeal for Ontario released its much anticipated decision in Wood v...

(c) istock/Jrcasas Can an employer terminate the employment of an employee on probation without cause? That was the fundamental question...

Is asserting just cause for termination where it is not warranted, failing to provide an employee with his Record of Employment (ROE), an...

(c) istock/Hailshadow Some decisions are just textbooks on employment law. They are ‘must read’ decisions for anyone looking to practice...

(c) istock/ilyast Does an employer require “just cause” to terminate the employment of an employee “on probation”? For the reasons that ...

Is “being reckless with the truth” as to whether a client has insurance coverage “just cause” for the termination of an insurance broker’s...