Court Awards Terminated Executive Over $456,000 After Finding Employer’s Conditional Severance Offer Constituted Repudiation of the Employment Agreement

A recent decision underscores the importance of complying with contractual termination entitlements for departing employees. In this Case in Point, Hicks Morley’s Justin Choy examines the decision and what it means for employers.

The Year in Review – Notable Cases of 2024

Welcome to our annual review of notable cases over the past year that we believe will be of interest to employers and human resources professionals. We also identify some cases to watch out for in 2025. Next week, we will bring you our review of the notable legislative updates from 2024.

Federal Court of Appeal Upholds Mandatory Nuclear Industry Alcohol and Drug Testing Requirements for Workers in “Safety-Critical” Positions

In a significant ruling for employers in safety-sensitive industries, the Federal Court of Appeal has upheld the constitutional validity of mandatory pre-placement and random alcohol and drug testing requirements for safety-critical positions at Class I nuclear facilities. The decision in Power Workers’ Union et al v Attorney General of Canada, Ontario Power Generation, Bruce Power,…

Ontario’s Working for Workers Six Act, 2024 Receives Royal Assent

On December 19, 2024, Ontario’s Working for Workers Six Act, 2024  (Bill 229) received Royal Assent. Bill 229 amends several statutes including the Employment Standards Act, 2000, the Occupational Health and Safety Act and the Workplace Safety and Insurance Act, 1997. Key amendments of particular interest to employers are addressed below. Employment Standards Act, 2000 (ESA) The following…

Ontario Court of Appeal Dismisses Appeal in Dufault, Upholds Finding That “For Cause” Language in Termination Provision Contravened ESA

In Dufault v. Ignace (Township), the Ontario Court of Appeal reinforced and applied the principle established in Waksdale v. Swegon North America Inc. (Waksdale) that, when interpreting an employment agreement, all termination provisions must be read together and the invalidity of one termination provision renders all termination provisions void and unenforceable. In rendering its decision,…

WSIB to Redistribute $2 Billion to Ontario Employers

The Ontario government and the Workplace Safety and Insurance Board (WSIB) have announced that eligible Schedule 1 employers will receive a credit to their WSIB accounts in February 2025. The WSIB has noted that strong financial and operational factors have led to a surplus beyond the WSIB reserve factor, triggering a payout of the surplus…

Employee’s $76,000 Claim for Vested Stock Units Barred by Wrongful Dismissal Settlement and Release

Settlement agreements require careful attention to both present and future entitlements, as highlighted by the Ontario Court of Appeal’s recent decision in Preston v. Cervus Equipment Corporation. The Court held that the scope of an executed release, indemnity and minutes of settlement (the Settlement Documents) precluded an employee’s subsequent claim to vested stock units, despite…