Topic Enforceability of Employment Contracts since Machtinger Practical advice on how to draft, enforce and challenge termination clauses in light of evolving caselaw How recent developments may impact your drafting and the advice you provide: from early termination of fixed term contracts, to severability and probationary clauses and more Agenda
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An Update on “Minimum Standards Only” Termination Clauses
The Ontario Superior Court has issued several decisions over the past few years which have found “minimum standards only” termination provisions in employment contracts to be unenforceable. Thus, employers are in the unexpected position of being liable for reasonable notice at common law…
Ontario Launches Personal Emergency Leave Pilot Project
Ontario has introduced limited amendments to personal emergency leave for certain employers in the automobile sector. In comments to the Ontario Legislature, the Minister of Labour identified the changes as a pilot project suggesting that similar changes may be considered in the future for a wider range of employers…
OMHRA ECHO Newsletter Features Articles by Hicks Morley Lawyers
The Winter 2017 issue of OMHRA’s ECHO newsletter features two articles by Hicks Morley lawyers. Stephanie Jeronimo and Julia Nanos authored one article titled “Attendance Management: The Divisional Court Sheds Further Light on the Limits of the Duty to Accommodate.” Stephanie Jeronimo and Julia Nanos wrote the article titled…
Appellate Court Clarifies Use of Subsequent Conduct Evidence in Resolving Ambiguous Contract
In an important decision regarding the law of contractual interpretation, Shewchuk v. Blackmont Capital Inc., the Ontario Court of Appeal considered when the subsequent conduct of parties can be considered in interpreting a contract made between those parties…
The Reduced EI Waiting Period: What Employers Need to Know
A reduction to the EI waiting period is expected take effect January 1, 2017. Supplemental unemployment benefit and top-up plan administration will be immediately affected, and short-term disability and sick leave plans may also be impacted. Are you prepared?
Changes Proposed to Ontario’s Fire Interest Arbitration Framework
At long last, Ontario is changing several rules governing collective bargaining in the fire sector. But will these changes go far enough to address and alleviate the frustrations municipalities face when they engage in interest arbitration? Find out in this FTR Now…
FTR Quarterly – 2016, Issue 3
This issue features; Bill 132 Workplace Sexual Harassment Legislation – What’s Next? and WSIB Rate Group Reform: Five Ways it Will Impact Your Business. The featured lawyer is Nadine S. Zacks and the featured group is Occupational Health…
Workplace Investigation Training
This one-day interactive workshop focuses on essential investigation skills required by HR Professionals who are charged with investigating workplace incidents (registration fee – $780.00 plus $101.40 HST (13%), totalling $881.40 per person).
When are Commissions Required to be Paid?
Carefully drafted commission plans can limit an employer’s liability for commission payments to terminated or laid-off employees. Other than a regulation that prescribes set reconciliation periods and minimum wages for commissioned automobile salespeople (see section 28 of O. Reg. 285/01), the Employment Standards Act, 2000 (Act) says very little about commissions. The Act does treat…