Appellate Court Finds Former Employee was Provided Notice of Agreement Terms; No Entitlement to Unvested Stock Options

In Battiston v. Microsoft Canada Inc., the Ontario Court of Appeal held that an employee who provided online acknowledgements that he had read the employer’s stock option agreement was bound by the provisions of that agreement (including the termination provisions), whether he had read them or not. Background Facts Mr. Battiston had been employed by…

Advantage CPD: Permanently Disabled from Policing: Accommodation or Termination?

Please note registration for this event will open shortly. Fee: Complimentary Overview Police services boards have recently been faced with a growing number of members who have been determined to be completely disabled from police work. It is important for boards to understand what their obligations are in terms of accommodating these members, what their…

Appellate Court Considers Employee’s Entitlement to Incentive Compensation in Light of Ocean Nutrition; Majority Affirms Original Decision

In Manastersky v. Royal Bank of Canada, a majority of the Ontario Court of Appeal confirmed its earlier finding that a trial judge had erred when he found a former executive was presumptively entitled to incentive compensation during the reasonable notice period. Background Facts During his employment with RBC Dominion Securities Inc. (RBCDS), Mr. Manastersky…

Court Rules that Calculation of Severance Under ESA is not Limited to Ontario Payroll

In Hawkes v Max Aicher, the Divisional Court set aside an Ontario Labour Relations Board (OLRB) decision and found that the calculation of payroll for the purposes of determining an employee’s severance entitlement under the Employment Standards Act, 2000 (ESA) should be based on the combined payroll of the Ontario employer and its global parent…

Appellate Court Considers Contractual Rights Upon Termination in Light of Ocean Nutrition and Affirms Original Decision

In Mikelsteins v. Morrison Hershfield Limited, the Ontario Court of Appeal confirmed its earlier finding that an employee’s common law entitlements upon termination of employment are distinct from any rights the employee may have under a shareholder agreement where they have purchased the shares separate and apart from their compensation structure.      Background In June…

Ontario Bar Association (OBA): Employment Contracts – Understanding What`s in Them and Whether it`s Enforceable

Employment contracts can be valuable part of your employment agreement, either as an employer or employee. However, there are a number of tricky issues that need to be correctly drafted to ensure that they are enforceable and achieve the intended goals. Agenda Topic Termination provisions Frustration of contract Restrictive covenants Arbitration clauses How contracts are…

Ontario Government Announces Extension of Temporary Relief from ESA Termination and Severance Provisions

On Thursday, September 3, 2020, the Ontario government announced that it would be extending the temporary relief measures from the termination and severance provisions of the Employment Standards Act, 2000 (ESA) until January 2, 2021. The temporary measures are found in Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), and had been set to expire today (September 4, 2020). The IDEL Regulation has been amended to define the “COVID-19 period” as that period beginning on March 1, 2020 and ending on January 2, 2021

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 Considers Contractual Rights Upon Termination

The Court of Appeal recently considered the issue of an employee’s contractual rights versus his common law rights upon the termination of his employment. In Mikelsteins v. Morrison Hershfield Limited, the defendant employer appealed a partial summary judgment that had awarded the plaintiff, a former employee, an increased value for shares that had been bought…