FTR Quarterly – Issue 15

In This Issue: Protection in the Face of Employee Fraud, Key Human Resources Decisions in in 2019 and Cases to Monitor in 2020 and more!

AdvantAge Ontario Webinar: Policies and Best Practices for Employee Hiring, Integration and Termination

Overview Learn how to develop, implement and enforce employment policies, including hiring, progressive discipline and termination. Recognize when it’s time to revise employment policies and how to proceed. Hear how a member home has implemented best practices for hiring, employee onboarding and termination. Agenda View the agenda for this webinar.

Appellate Court Overturns Summary Judgment Decision that Former Employee Owed $20m in Damages to Employer; Matter Remitted for Trial

The decision of a summary judgment motion judge who ordered a former employee to pay his former employer $20 million in damages has been overturned by the Court of Appeal. In Plate v. Atlas Copco Canada Inc., the Court held that the motion judge erred when he found a trial was not necessary and proceeded…

A Cautionary Tale: Appellate Court Upholds Judgment Against Employer for Punitive Damages, Aggravated Damages and “Unusually High” Costs

In Ruston v. Keddco MFG. (2011) Ltd., 2019 ONCA 125 (CanLII)(Keddco), a unanimous Court of Appeal for Ontario upheld a substantial damages and costs award against an employer that breached its “duty of good faith and fair dealing in the manner of dismissal.” The Keddco decision serves as an important reminder for employers across Canada…

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…

OLRB Finds Global Payroll not to be Considered in Calculation of ESA Severance Pay

In Doug Hawkes v. Max Aicher (North America) Limited, the Ontario Labour Relations Board (OLRB) addressed the issue of whether an employer’s global payroll should be considered in determining an employee’s entitlement to severance pay under the Employment Standards Act, 2000 (ESA). The OLRB determined that global payroll should not be included for the purposes…

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.