Appellate Court Finds Waiver of Common Law Notice Valid, Considers Continuity of Service under ESA

In Ariss v NORR Limited Architects & Engineers, the Ontario Court of Appeal upheld a decision of a motion judge who considered the appellant’s entitlements under the common law and the Employment Standards Act, 2000 (ESA) upon termination. Background In 1986, the appellant began employment with a company which was sold to the respondent employer…

Appellate Court Considers Employment Issues Arising out of a Termination Post-Sale of Business

In Kerzner v American Iron and Metal Company Inc., the Ontario Court of Appeal considered a number of complex issues arising out of a sale of business and successive employment contracts entered into after that sale. The Court provided guidance on what can and cannot be agreed to during those transitions and how releases should…

Employment and Labour Law Reporter Publishes an Article by Will McLennan on ESA-Only Termination Clause and Common Law Notice

Hicks Morley’s Will McLennan authored an article in Employment and Labour Law Reporter titled “”ESA-Only” Termination Clause Complied with ESA but Failed to Rebut Presumption of Common Law Notice.” The article argues how the Divisional Court recently upheld a decision of the Superior Court of Justice which held that a termination clause in an employment contract which complied with the Employment Standards Act, 2000 (ESA) failed to clearly rebut the presumption of entitlement to common law notice.

“ESA-Only” Termination Clause Complied with ESA but Failed to Rebut Presumption of Common Law Notice

The Divisional Court recently upheld a decision of the Superior Court of Justice which held that a termination clause in an employment contract which complied with the Employment Standards Act, 2000 (ESA) failed to clearly rebut the presumption of entitlement to common law notice. The plaintiff was therefore owed reasonable notice. In Movati Athletic (Group)…

Labour Notes® Newsletter Features Article by Siobhan O’Brien on Suspending Employees With and Without Pay

The September 17, 2018 issue of Labour Notes® newsletter features an article authored by Hicks Morley lawyer Siobhan O’Brien. In the article “Court of Appeal Outlines Key Principles On Suspending Employees With and Without Pay,” Siobhan discusses how the Ontario Court of Appeal provided valuable guidance regarding constructive dismissal, investigative suspensions of employees without pay and proper damages…

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…

Workplace Law in Canada: A Primer

This Guide provides American employers with an introduction to employment laws and regulations that affect businesses in Canada. It outlines an overview of the main differences between Canadian and U.S. workplace laws.