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Lawyers are notorious for arguing technicalities and finding loopholes in legislation. However, our judicial system reminds us that Canadian legislation, especially in the human rights context, is in place to protect the values that make Canada great and should not be marginalized. In the words of the then Supreme Court Chief Justice Brian Dickson in
Given the majority of legal disputes that settle before going to trial, the role of a modern civil litigator has shifted from not only being a courtroom specialist, but also being an expert in negotiation. As Rubin Thomlinson LLP represents both employers and employees, we have somewhat of a unique perspective when it comes to
Cessation of an employee’s employment can happen by way of termination of employment by the employer or resignation by the employee. In the case of a voluntary resignation, while the employer may feel as though it is losing a beneficial employee, the upside is that the employer is not liable for the dreadful “reasonable notice
In response to an employee’s mistake or failure to perform one or more of his or her regular duties, employers may be inclined to withhold that employee’s wages. However, this is generally prohibited under the Ontario Employment Standards Act, 2000 (the “ESA”). I have seen this issue arise where an employer attempts to incentivize an
Although the Employment Standards Act, 2000 (“ESA”) is intended to be remedial legislation designed to protect vulnerable employees, it is only as effective as its enforcement mechanism. In an effort to ramp up such enforcement, the Ontario Ministry of Labour periodically performs a series of “enforcement blitzes” to proactively investigate employer compliance with the ESA
A terminated employee’s primary interest is usually the bottom line figure when negotiating a severance package. With this goal in mind, the termination notice period is often viewed as the driving factor for how much compensation will be received (i.e. more months = bigger package). However, this viewpoint may be overly simplistic as other factors
Increasing Consistency Although an employee is presumptively entitled to reasonable notice of termination, this notice can be altered by contract. However, for a termination clause to be enforceable, it must provide for an employee’s minimum statutory entitlements under the applicable employment standards act in a given jurisdiction.[1] Where a termination clause is held unenforceable, the
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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