No Duty To Mitigate When Fixed Notice Contract
[vc_row][vc_column][vc_column_text]January 18, 2013 By Brad Smith The Ontario Court of Appeal concluded that in certain circumstances a terminated employee is not required to mitigate her or his damages. Those circumstances arise when an employee is terminated without cause, the employment contract specifies the notice period but does not specify the employee must mitigate his or her damages. In Bowes […]
Let’s Make A Deal – That Stands Up In Court
[vc_row][vc_column][vc_column_text]January 8, 2013 By Brian Babcock Judges prefer when possible to find contracts to be binding upon the parties who sign them. The more exceptions they makes, the more uncertainty exists about when a deal is a deal, and that is bad for business. A recent Ontario decision, Rubin v Home Depot Canada Inc., is a useful […]
Are You Aoda Compliant? Time Is Running Out!
[vc_row][vc_column][vc_column_text]December 13, 2012 By Brian Babcock Private businesses with more than 20 employees must have written Customer Service policies compliant with the Accessibility for Ontarians with Disabilities Act (AODA), conduct staff training, and submit annual compliance reports to the government before December 31, 2012. Time is running out to comply. If you have not taken the necessary steps, […]
Conducting A Termination Meeting
[vc_row][vc_column][vc_column_text]October 12, 2012 By Brad Smith A recent case from the Ontario Superior Court demonstrates the importance of ensuring a terminated employee takes the time to make an informed decision prior to signing a release. In Rubin v. Home Depot Canada Inc., the employee had worked for the employer for almost 20 years and was 63 years old on […]
New Occupational Health And Safety Poster – October 1, 2012
[vc_row][vc_column][vc_column_text]September 24, 2012 By Brad Smith As of October 1, 2012, Ministry of Labour inspectors will be looking for the new poster required to be posted in the workplace. The Occupational Health and Safety Act requires an employer to post certain information in the workplace. This includes a copy of the Act (section 25(2)(i)), the employer’s occupational health […]
Social Media And The Job Hunt: Friends Or Foes
[vc_row][vc_column][vc_column_text]May 17, 2012 You’ve heard the stories – eager applicants with stellar resumes walking out of interviews feeling as though they’ve “nailed it”, only to find out the job was offered to someone else. “How did that happen? What could I have done differently?” they ask. Have you checked your Facebook profile lately? Well over […]
Bill 168 And Workplace Violence
[vc_row][vc_column][vc_column_text]April 11, 2012 By Brad Smith Based upon the Ontario Superior Court decision in Shakur v. Mitchell Plastics, an employer cannot rely upon Bill 168 alone to enforce zero tolerance of workplace violence. Bill 168 amended the Occupational Health and Safety Act to include workplace harassment and workplace violence. Many view Bill 168 as ushering in a new era with respect […]
Restricting Restrictive Covenants
[vc_row][vc_column][vc_column_text]April 2, 2012 By Brad Smith The Ontario Court of Appeal in Veolia ES Industrial Services Inc. v. Brulé has confirmed the importance of proper drafting and the difficulty of enforcing restrictive covenants. Mr. Brulé sold his business to Veolia and entered into a restrictive covenant. As a result of drafting that was described as unfortunate, the non-competition did not […]
No Right Of Lay Off At Common Law
[vc_row][vc_column][vc_column_text]March 20, 2012 By Brad Smith The Ontario Court of Appeal confirmed that a deemed termination under the Employment Standards Act is a termination at common law. In Elsegood v. Cambridge Spring Service dated December 23, 2011, the Court was asked to determine if an employee could recover damages for wrongful dismissal after he was on lay off for 35 weeks in […]
When Layoff Is A Termination Of Employment
[vc_row][vc_column][vc_column_text]March 9, 2012 By Brad Smith A December 9, 2011 court decision confirmed and applied two legal principles in employment: continued employment is not sufficient consideration for changes to employment and there is no right of lay off at common law (the right of lay off must be included in the contract of employment). As a […]