Notice Not Always Proportionate to Service in Case of Short Service Employee

A recent case involving the termination of a short service employee, illustrates a principle that is often difficult for employers to accept.  A terminated employee’s entitlement to reasonable notice may not always be proportionate to his or her notice. The case in point is Gingerich v. Kobe Sportswear Inc. (unreported, January 25, 2008).  Here, Mr. [...]

Supreme Court of Canada Hears Honda v. Keays

Today, the Supreme Court of Canada heard submissions in what is arguably the most important employment law case in over a decade, Honda v. Keays.  At issue are the legal consequences of firing an employee with a disability – in this case chronic fatigue syndrome.  As part of the company’s disability management program, Honda required [...]

Restrictive Covenants That “Stick”

This week, we continue to look back at noteworthy 2007 employment law cases.  For people who are interested in the duties imposed on departing employees, have a look at H.L. Staebler Co. v. Allan [2007] O.J. No. 3460, a decision of the Ontario Superior Court of Justice.  The case revolved around whether an employer’s restrictive [...]


One of the more interesting trends in the 2007 case law was a number of cases in which judges considered whether an employee’s contract of employment had become “frustrated” due to illness and disability. “Frustration” is an old legal concept taken from the law of contracts. It sets out the circumstances when one party to [...]

Welcome to RTLaw@Work

Happy New Year and welcome to the first edition of RTLaw@Work, Rubin Thomlinson’s weekly blog on new and noteworthy employment law cases. We could not say goodbye to 2007, without mentioning our favourite case of the year, Mercey v. Consolidated Recycling [2007] O.J. No. 3608 (QL). This decision was released in September, and is still [...]

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