In a significant decision rendered on September 19, 2018, Wood v. CTS of Canada Co., the Ontario Court of Appeal considered the Form 1, which is required under the Employment Standards Act, 2000 (ESA) to be posted and filed in cases of mass termination.
Practice Area: Litigation
Court of Appeal Upholds Cause Dismissal for Breach of Fiduciary Duty
In the case of Dunsmuir v. Royal Group, Inc., the Ontario Court of Appeal recently upheld the cause termination of a Senior Vice-President and Chief Financial Officer of a publicly-traded company for breach of fiduciary duty. The employee had commenced a claim against the employer for wrongful dismissal and sought approximately $6.6 million in damages….
Chambers Canada 2019 Guide Recognizes Hicks Morley for Employment and Labour, Pensions and Benefits, and Privacy and Data Protection
Hicks Morley has been recognized in Chambers Canada 2019 Guide for Employment & Labour – Nationwide and Ontario, and Pensions & Benefits – Nationwide. The firm receives praise from clients for giving “sound advice and explaining things in a business-friendly way,” as well as for its “very strong bench” as well as its “technical expertise and promptness.”
Congratulations to our lawyers who have been recognized as notable practitioners in Chambers Canada 2019.
Appellate Court Finds Employer a Derivative Federal Undertaking, Overturns OLRB Decision
A recent decision of the Ontario Divisional Court, Ramkey v. Labourers International Union of North America et al, has provided employers performing work in support of federally regulated undertakings welcome clarity with respect to their status. The Court found that an employer (Ramkey) which provided construction technicians to work on telecommunications networks owned by telecommunications…
Amanda P. Cohen
Amanda provides advice and representation to employers and management in both the private and public sectors on a wide range of labour, employment and human rights issues including grievance arbitrations, collective bargaining, labour disputes, occupational health and safety, human rights and accommodation, and employment standards.
Court Upholds ESA-Only Termination Clause Which Did Not Expressly Mention Benefits
The Ontario Superior Court of Justice recently upheld a termination clause in an employment contract which limited entitlements upon termination to the minimum available under the Employment Standards Act, 2000 (ESA) but which did not make explicit reference to the continuation of benefits during the statutory notice period. In Burton v. Aronovitch McCauley Rollo LLP,…
Hicks Morley Ranked Seventh Worldwide and First in Canada by Who’s Who Legal: Labour & Employment 2018
Hicks Morley is ranked seventh worldwide and first in Canada by Who’s Who Legal: Labour & Employment 2018 for the amount of lawyers recognized by the directory. This edition features 1,131 lawyers from over 500 firms around the world.
FTR Quarterly – Issue 10
In This Issue: 5 Key Things for Employers to Consider in Drafting Termination Clauses in Employment Contracts, What Is – and What Isn’t – Constructive Dismissal: An Update, FTRQ&A with John Kloosterman: Key Differences Between Canadian and U.S. Employment Law and much more!
Hicks Morley Lawyers Recognized in Best Lawyers in Canada 2019
Hicks Morley congratulates 27 of our lawyers for being recognized in Best Lawyers in Canada 2019 in the areas of Labour and Employment Law, Employee Benefits Law, Corporate and Commercial Litigation, Privacy and Data Security Law and Workers’ Compensation Law.
Court of Appeal Outlines Key Principles On Suspending Employees With and Without Pay
In Filice v. Complex Services, the Ontario Court of Appeal provided valuable guidance regarding constructive dismissal, investigative suspensions of employees without pay and proper damages assessments. The plaintiff/respondent in appeal was employed by Complex Services (the defendant/appellant) as a Security Shift Supervisor at Casino Niagara and Fallsview Casino. All employees in the Casino’s Security Department…