Serious insight for serious situations.

Serious insight for serious situations.

The power of an apology

I read recently that the Hydro One employee who was terminated in the “FHRITP” fracas had recently been reinstated, through an arbitration process, after he, among other things, extended a sincere apology to the reporter. Reading about his reinstatement made me think about the power of the apology. There is no question that an apology

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Does an employer’s financial health affect the termination entitlements of employees? The Ontario Court of Appeal officially signs the divorce papers

Corporate restructuring has become a business reality in our volatile global economy. Just last week, Maple Leaf Foods announced its plan to cut more than 400 jobs across the country in a move to redirect resources and remain cost competitive. Other large organizations, including Bell Media and Enbridge, have recently announced similar restructuring plans that

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Criminal charges, criminal convictions, and their implications for the employment relationship

Last week, former Subway pitch-man Jared Fogle was sentenced to more than 15 years in prison, after pleading guilty to charges of trading in child pornography and paying for sex with minors. Subway had cut ties with Mr. Fogle months earlier, after police raided his home in July of this year.  In the circumstances, few

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Solicitation through social media

It is common practice in Ontario for employers to restrict a departing employee’s ability to solicit employer customers, suppliers, current employees, etc.  Although many such clauses specify particular actions that are prohibited, very few turn their mind to governing a departing employee’s actions on social media. As the Canadian courts have not yet ruled on

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Addressing sexual violence in Ontario’s colleges and universities

On October 27, 2015, the Ontario government tabled its Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment) 2015 (the “Act”).  Last week my colleague Janice Rubin wrote about the implications for employers of the amendments to the Occupational Health and Safety Act. This week, I am considering the implications for Ontario’s colleges

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Ontario’s new Sexual Violence and Harassment Action Plan Act and why workplace investigations have suddenly become more important

On October 27, 2015, the Ontario government tabled its Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment) 2015 (the “Act”).  The Act amends the Occupational Health and Safety Act, and in particular, those provisions brought in through Bill 168 in 2010 that set out employers’ obligations to have

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The Riskie business of modifying employment contracts – Ontario court upholds the validity of a fixed-term agreement purporting to modify an indefinite employment relationship

The “Fresh Consideration” Doctrine The need for “fresh consideration” has long been a fundamental requirement to the enforceability of contracts. More specifically, in the absence of exceptional circumstances, an existing obligation or duty to perform cannot be used as valid consideration for the creation of a new contract. The legal doctrine of “fresh consideration” is

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