Sexual Harassment in the Workplace: What Should I Do?

Blog Post
September 26, 2019
Read Time: 3 minutes

The sexual abuse allegations against film mogul Harvey Weinstein led to an outpouring of allegations against other powerful people in Hollywood and the entertainment industry. The workplace is an especially vulnerable place due to the obvious power imbalance between employees and their supervisors. If you are experiencing sexual harassment in the workplace, what are your legal rights?

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 »

Just Cause: When Is It Justified?

Blog Post
October 6, 2017
Read Time: 4 minutes

Much of the work of employment lawyers involves dealing with people who have been terminated. One type of termination is for cause. In general terms, this is when the employer dismisses an employee for having done something wrong. What does this mean for the employee? And what are the obligations of the employer?

Rejected Severance Packages: To Plead or Not to Plead, That is the Question

Blog Post
August 25, 2017
Read Time: 4 minutes

A recent decision from an Ottawa judge at the Superior Court of Justice has shed light on whether severance packages offered by employers at termination can later be referred to in court pleadings. It seems that the answer will usually (but not always) be “no”.

Working Notice and Limitation Periods: When Can I Sue?

Blog Post
May 11, 2017
Read Time: 3 minutes

If I am terminated with working notice and decide to work through that notice period, when can I file a claim for wrongful dismissal? A recent Ontario court case wrestled with this question, deciding that the deadline for employees to commence an action begins to run when their employer gives them “working notice.”

Is the Unofficial Reasonable Notice Cap Officially Gone?

Blog Post
February 22, 2017
Read Time: 3 minutes

If I am terminated without cause, what reasonable notice am I entitled to? Is there a maximum amount? Employees who have been terminated without cause often file a claim against their former employer. If the employee is successful in proving their claim, the court will then determine the length of notice that the employer should have provided to the employee.

The Spaghetti Method – When Allegations of Just Cause Don’t Stick

Blog Post
February 1, 2017
Read Time: 3 minutes

When deciding what arguments to put forward in a legal case, it is sometimes tempting to take the spaghetti method: throw all the arguments out there, and see what sticks. A recent decision of the Small Claims Court in Ottawa, Budge v Dickie Moore Rental Inc, demonstrates the danger of the “spaghetti method.”