Corporations, Charter Rights, and Cruelty
March 7, 2021 By Brian Babcock A corporation may be treated like a natural being for many purposes in the law, but not when it attempts to claim the protection of the prohibition against “cruel and unusual punishment” in the Canadian Charter of Rights and Freedoms. The issue was decided by the Supreme Court of […]
Termination Clauses and Construction Workers
March 3, 2021 By Brian Babcock Ontario Courts REALLY dislike termination clauses in employment contracts which attempt to limit how much an employee may receive upon termination. I have written on this topic previously. Another recent case is a fresh example that makes this point even more clear. The construction industry is known for its […]
Unsettling Settlements
December 23, 2020 By Nick Melchiorre Careful drafting of your settlement agreements may avoid future grief, legal expense, uncertainty and delay. Poor drafting may even make your settlement vulnerable to being reopened. If it is a settlement you reach without lawyers, this is particularly problematic; but even if you have a lawyer, they need your participation […]
Constructive Dismissal and Bonus Payments
November 30, 2020 By Brian Babcock A senior executive who is constructively dismissed is entitled to a bonus he would have earned during a period of reasonable notice, the Supreme Court of Canada has confirmed. Other portions of their ruling may also increase payments to departing employees. Some issues are left open for future cases, increasing […]
When is a Lawsuit an Appropriate Means to Resolve a Wrongful Dismissal Claim?
November 23, 2020 By Brian Babcock Generally, in Ontario, a person suffering a loss must sue within two years of suffering the loss. There are, however, circumstances that extend this time limit. Discoverability is at the heart of calculating the time limit to sue in Ontario. It simply is common sense that you cannot be expected […]
Racial Slurs May be Grounds to Terminate
October 16, 2020 By Brian Babcock Racial slurs have no place in the workplace, and may be grounds to terminate for cause. A recent arbitration award, Levi Strauss & Co. v Workers United Canada Council, 2020 CanLII 44271 begins by noting that at one time, verbal clashes between coworkers, even ones involving racial insults were not […]
Human Rights and Arbitrations
September 23, 2020 By Brian Babcock May unhappy unionized employees take a grievance to an arbitrator, and at the same time apply to a human rights tribunal? Allowing two proceedings to address the same or similar complaints is inefficiency, both in terms of cost and the risk of inconsistent rulings. In Ontario, this problem is reduced […]
Rethinking Termination Clauses
August 19, 2020 By Brian Babcock If you are an employer, it is time again to review and update the termination clauses in your employment contracts. If you are employee who is terminated, think twice and get legal advice before accepting what your contract provides. Over the years, the Ontario Court of Appeal has not been […]
Reasonable Notice and Successor Employers
August 10, 2020 By Brian Babcock Workers who are terminated without cause are entitled to reasonable notice of termination. If adequate notice is not given, they may sue for wrongful dismissal. The court determines reasonable notice based upon the character of the employment, years of service of the employee, the age of the employee and the […]
Moral Damages for Wrongful Termination of Employment
July 30, 2020 By Brian Babcock Traditionally, if you were fired without cause (“wrongfully dismissed”), you could collect damages equal to pay in lieu of notice (because no job is guaranteed indefinitely, all your employer owes you is reasonable notice) plus perhaps some modest amounts for lost benefits, retraining, moving expenses or the like. On the […]