Employment and Labour Law Reporter Publishes an Article by Cassandra da Costa on Supportive Leniency and Contractual Obligation Decision

Employment and Labour Law Reporter Publishes an Article by Cassandra da Costa on Supportive Leniency and Contractual Obligation Decision

Hicks Morley’s  Cassandra da Costa authored an article featured in the Employment and Labour Law Reporter titled “Appellate Court: Employee Can’t Transform Employer’s Supportive Leniency (Allowing Flexibility in Her Start Time) into Contractual Obligation.”

In this article, Cassandra discusses the recent decision on Peternel v. Custom Granite & Marble Ltd. by the Ontario Divisional Court, where the Court upheld a trial judge decision that the employee’s 8:30 a.m. start time at work was an existing term of the employment contract, notwithstanding past flexibility on the start time. The employer’s insistence that she attend work every day at that time did not represent a breach of the employment contract. It held there was no error in the trial judge finding which did not accept that the employee “could transform the employer’s supportive leniency into a contractual obligation that could be held against it.”

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