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 […]
Do Employers Have a Right to Layoff Employees?
July 21, 2023 By Brian Babcock Can an Ontario employer lay off a nonunionized employee? In most situations, the answer is “no.” THE ISSUE For the employer to be able to lay off the worker without risk of the worker claiming that they have been dismissed, the employment contract or agreement must contain an express […]
Reasonable Notice and the Changing Substratum
June 26, 2023 By Brian Babcock The Ontario Court of appeal continues to favour employees when it comes to the interpretation of termination clauses in employment contracts. THE ISSUE The latest issue is the question of what happens when an employment contract is signed at the commencement of employment, but the termination occurs years later […]
Building a Record for the Appeal
February 10, 2023 By Brian Babcock What just might be worse than losing your case at trial? Winning the case and then having to go back to try it all over again because not only does the Court of Appeal grant the appeal, but they also decide that the factual record from the trial is […]
Think Before You Terminate
February 4, 2023 By Brian Babcock Be careful not to terminate an employee by accident. The surest way to accidentally terminate an employee is to give them a notice of termination. This may sound obvious, yet the case ended up at the Ontario Court of Appeal. Getting sound professional advice BEFORE terminating may prevent expensive […]