Vacation Pay: A Hidden Liability?
July 23, 2024 By Brian Babcock Do you pay out unused vacation pay at the end of each year? THE ISSUE If not, you may accrue a significant hidden liability over time. THE CASE For example, in Boyer v Callidus Corporation, the former vice-president of the company was unsuccessful in his claim for constructive dismissal. […]
Restrictive Covenants and Restraint of Trade
July 18, 2024 By Nick Melchiorre When is a restrictive covenant an unlawful restraint of trade? THE CASE The Ontario Court of Appeal takes a deep dive into the issue in 7868073 Canada Ltd. v. 1841978 Ontario Inc. and provides some guidance, but ultimately leaves the question open for another day. Why do they do […]
At Any Time, Judges Favour Employees
July 9, 2024 By Brian Babcock Judges seem to really dislike termination clauses, even in Thunder Bay and Northwestern Ontario. THE ISSUE We have written before about clauses in employment contracts which attempt to limit the amount of payment in lieu of notice of dismissal. They will very rarely be enforced. How rarely? THE CASE […]
Jurisdiction and Human Rights: An Ontario Update
July 2, 2024 By Brian Babcock We have posted two articles about how the Horrocks case at the Supreme Court of Canada decided that in Manitoba, grievance arbitrators had sole jurisdiction over human rights complaints in a union environment, displacing the human rights tribunals. In the second article, we discussed how an Ontario tribunal had […]
COVID and Constructive Dismissal
April 18, 2024 By Brian Babcock Cases related to loss of employment due to COVID shutdowns continue to work their way through the system. Employers generally do not have a right to layoff employees but some employers saw it differently during the COVID shutdowns. THE ISSUE There may be a “COVID bump” increasing damages in […]
Arbitration Clause In Employment Agreement Invalid
February 27, 2024 By Brian Babcock Ontario’s Employment Standards Act (or ESA) provides a complaint resolution process. THE ISSUE As a result, a provision in an employment contract requiring arbitration may be invalid as contravening that Act, which prohibits contracting out of the Act, except to provide a greater benefit. THE CASE The employer in […]
Exceptional Circumstances In Employment Law
February 1, 2024 By Brian Babcock Employees in Ontario dismissed without cause are entitled to reasonable notice of termination or pay in lieu of notice. It is established law that in the absence of “exceptional circumstances”, the maximum award should be 24 months’ notice or pay. THE ISSUE The reliability of this “rule” is called […]
Causation in Human Rights Cases
November 16, 2023 By Brian Babcock In law, we talk about “causation” as the relationship between a person’s actions and the results that follow. It is a complex legal concept and differs by area of law. The application of the concept in human rights complaints differs materially from the general notions of causation. Causation Generally […]
Fixed or Indefinite Employment and Why it Matters
October 27, 2023 By Brian Babcock When does a fixed-term contract of employment become a contract of indefinite duration? In Ontario and most of Canada, employees hired under a contract for an indefinite duration are entitled to “reasonable notice” of termination. In Ontario, although the Employment Standards Act provides the minimum notice, reasonable notice may […]
Taking a Fair Approach to Termination
September 11, 2023 By Brian Babcock All good things must come to an end, including our jobs. Sometimes that happens because a fixed-term contract expires. Some employees retire. But some are terminated. In Ontario, if you are terminated without cause, you are entitled to compensation from your employer. The Employment Standards Act provides minimums. Common […]