In a recent decision of the Ontario Court of Appeal, the Court upheld the lower court’s decision finding that the termination clause in the employment contract was offside of the Employment Standards Act, 2000 (ESA) and that as a result, the employee was entitled to common law reasonable notice.
Industry: Colleges
Successfully represented a college-sector client in a Charter application event.
Successfully represented a college-sector client in a Charter application event.
Safe Sport Considerations for Colleges and Universities
While Canadian colleges and universities are not required to adopt the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (the UCCMS), they may find themselves bound to the UCCMS by their participation with certain governing sport bodies and may want to develop their own policies to ensure a safe sport environment.
Successfully represented a college at the Federal Court in its application for judicial review of a decision by Employment and Social Development Canada, in which it held that the college was subject to federal jurisdiction for labour relations purposes.
Successfully represented a college at the Federal Court in its application for judicial review of a decision by Employment and Social Development Canada, in which it held that the college was subject to federal jurisdiction for labour relations purposes.
Coordinating Committee Vice-Presidents Human Resources Conference: Annual Arbitration Activity Update
At this annual human resources conference, Kathryn Meehan, Gregory Power and Carey O’Connor will be speaking to HR personnel from Ontario colleges. They will examine some of the latest arbitration decisions and explain how they impact colleges generally.
Holiday Party Best Practices: A Guide for Employers
The holiday season is a time for people to come together and celebrate. For many of us, this may include workplace parties. With seasonal festivities and holidays just around the corner, it’s that time of year again to consider the proactive steps employers can take to ensure the health and safety of employees who attend…
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…
Human Rights Tribunal Confirms Statutory Review of Benefit Decision Does Not Constitute New Act of Discrimination
In the recent decision Yu v. Workplace Safety and Insurance Board, the Human Rights Tribunal of Ontario (Tribunal) provided important clarification on the distinction between continuing discriminatory acts and the ongoing effects of past discrimination. The decision offers valuable guidance for employers and administrative bodies on when subsequent reviews of past decisions can constitute fresh…
Ontario’s Working for Workers Five Act, 2024 Receives Royal Assent
On October 28, 2024, Ontario’s Working for Workers Five Act, 2024 (Bill 190) received Royal Assent. Bill 190 amends several statutes including the Employment Standards Act, 2000, the Occupational Health and Safety Act and the Workplace Safety and Insurance Act, 1997. In this FTR Now, we review key amendments of particular interest to employers.
Ontario Court Upholds Termination Clause Excluding Employee’s Common Law Entitlements, Ends Employee’s Lawsuit Against Former Employer
In the recent decision of Bertsch v. Datastealth Inc., the Ontario Superior Court of Justice upheld the enforceability of a termination clause in an employment agreement that limited the plaintiff’s entitlement to only the minimum standards under the Employment Standards Act, 2000 (ESA). The Court held the clause was valid and enforceable and consequently dismissed…