On March 25th, we launched our free COVID-19 Employment Law helpline. Since then, we have helped hundreds of people whose employment situations were affected by COVID-19 navigate their options and understand their rights. Today, we are expanding our helpline to provide free assistance to employees in Ontario related to their human rights in employment. Nelligan… Read more »
Expanding our Employment Law Helpline
Blog Post
October 15, 2020
Read Time: < 1 minute
Supreme Court of Canada Clarifies Law: Bonuses During Notice Period Must Be Paid, and Employers Should Not Act Dishonestly
Blog Post
October 9, 2020
Read Time: 6 minutes
Authors: Christopher Rootham and Adrienne Fanjoy In Matthews v Ocean Nutrition Canada Ltd., the Supreme Court of Canada has clarified the rules around bonus payments or other incentive payments that become payable during the notice period after an employee is dismissed. The Supreme Court also made it clear that employers should not act dishonestly and… Read more »
Layoffs turning into terminations on September 4? Not necessarily. Important change to the layoff period:
Blog Post
September 4, 2020
Read Time: 2 minutes
COVID-19 hit the province in and around March 16, 2020. As a result, many businesses were forced to temporarily layoff their employees. typically, an employer can only layoff and employee if it is directly permitted in your employment contract or implied as part of industry standards. As such, some employees started treating these layoffs as… Read more »
Can I be fired for my opinions: cancel culture and free speech in the workplace
Blog Post
July 8, 2020
Read Time: 4 minutes
Yesterday, a group of public figures, including authors, signed a letter in Harpers, effectively denouncing cancel culture. They suggest that we are living in a society where individuals cannot speak out or voice dissenting opinions because they will face backlash, including being fired from their job, for voicing or giving a platform to controversial views. This… Read more »
With Cause or Not With Cause: Your Employment Contract May Be Unenforceable Regardless, Says the Ontario Court of Appeal in New Waksdale Decision
Blog Post
July 3, 2020
Read Time: 5 minutes
On June 17, 2020, the Ontario Court of Appeal forged new ground in employment law with its decision in Waksdale v. Swegon North America Inc. (“Waksdale”). This decision has significant implications for employees and employers with respect to one of the most important cornerstones of the employment relationship: the employment contract. Note: This decision is… Read more »
Can Your Employer Reduce Your Wages due to COVID-19?
Blog Post
May 25, 2020
Read Time: 2 minutes
To avoid mass lay-offs, many employers are reducing their employees’ wages without reducing their work hours. If you belong to this group of people, you must be feeling frustrated and confused – you are not alone. Generally, a reduction in your salary could constitute a constructive dismissal. A constructive dismissal is defined as a substantial… Read more »
Go Home, You’re (Not) Fired: Can your employer send you home for being at-risk for COVID-19?
Blog Post
May 12, 2020
Read Time: 3 minutes
The COVID-19 pandemic has raised a slew of unforeseen employment law concerns for workers. As we move through the initial stage of the pandemic and into the next few months, some workers are facing an unexpected issue: what do they do if their employer tells them they can’t come into work because they are high-risk for COVID-19… Read more »
Top 5 Tips for a Productive and Efficient Initial Consultation
Blog Post
January 23, 2020
Read Time: 2 minutes
An initial consultation with a lawyer can be an overwhelming experience, but it doesn’t have to be. Most people don’t know what to expect, or how to prepare. The following tips will help you get ready, making your first meeting less daunting, but also more productive. 1. Send Documents in Advance as Soon as Possible… Read more »
Ontario Court of Appeal addresses termination clauses – here we go again! Andros v Colliers Macaulay Nicolls Inc., 2019 ONCA 679
Article
September 25, 2019
Read Time: 4 minutes
The Ontario Court of Appeal has recently decided yet another case about the validity of a termination clause in a contract. The clause at issue read as follows: The company may terminate the employment of the Managing Director by providing the Managing Director the greater of the Managing Director’s entitlement pursuant to the Ontario Employment… Read more »
I’ve already signed a Release – have I given up all my rights?
Blog Post
September 4, 2019
Read Time: 3 minutes
You have already signed a full and final release as part of your settlement package following termination, but you want to bring a claim to seek more money. Is it too late? Now what? Nelligan O’Brien Payne gratefully acknowledges the contribution of Avery Ross, Student-at-Law, in writing this blog post. Employers often require employees to… Read more »