Can an employee change her mind about resignation, if the impetus for such voluntary resignation ceases to be an issue, and the employee has not yet left employment?
In the third in a series of decisions concerning “working resignation”, English v. Manulife Financial Corporation, 2019 ONCA 612 , the Court of Appeal of Ontario said yes.
Is the issue of the “conscionability” of a full and final release, signed as part of a severance negotiation and purporting to release claims to long-term disability benefits, the kind of issue appropriate for resolution by way of summary judgment?
Notwithstanding the agreement of the parties that it was, in Swampillai v. Royal & Sun Alliance Insurance Company of Canada, 2019 ONCA 201, the Court of Appeal for Ontario held that, in the circumstances of this case, the issue of whether the release was unconscionable and therefore unenforceable was a genuine issue requiring a trial.
Is a stated “desire” to return to work, at some point, and without more information, sufficient to rebut the medical evidence that a contract of employment has become legally frustrated?
In Katz et al. v. Clarke, 2019 ONSC 2188, the Ontario Divisional Court held that was not.
Is it reasonable for an employee, slated to lose his or her employment as a result of the sale of part of his or her company, to refuse an offer of new employment with the purchaser of the business?
In Dussault v. Imperial Oil Limited, 2019 ONCA 448, the Court of Appeal for Ontario confirmed that it is reasonable if the new position fails to be comparable in status, hours and remuneration.
What happens to an employee’s rights under a shareholders’ agreement if the employee is wrongfully dismissed?
According to the Court of Appeal for Ontario in Mikelsteins v. Morrison Hershfield Limited, 2019 ONCA 515, the fact that an employee was “wrongfully dismissed” may be irrelevant.
Does resigning from your job interrupt continuous service for statutory notice purposes – even if you never actually leave? “Yes” says Ontario’s top court in the case of Theberge-Lindsay v. 3395022 Canada Inc. (Kutcher Dentistry Professional Corporation), 2019 ONCA 469
Is being 62 years young, 37 years tenured, a Senior Vice President, terminated without cause, and left without any comparable employment opportunities “exceptional circumstances” warranting an award of pay in lieu of notice greater than 24 months? According to the Court of Appeal for Ontario (Pepall, Trotter and Harvison Young JJ.A.) in its decision in Dawe v. The Equitable Life Insurance Company of Canada, 2019 ONCA 512 (CanLII), the answer is "no".
