Articles 2019

Aujourdʼhui
Aujourdʼhui
Enforceability of Non-Solicitation Provisions: Guidance from the Superior Court of Justice

Enforceability of Non-Solicitation Provisions: Guidance from the Superior Court of Justice

  • 02 octobre 2017
  • Shefali Rajaputra

The law concerning restrictive covenants in Canada has been a subject of substantial judicial scrutiny as whether or not a court would consider such covenants to be enforceable will depend on the facts of each case. When drafting restrictive covenants for inclusion in an employment contract, employers should consider various guidelines/limitations provided by the courts over time such as reasonableness, territorial and time limitations etc.

Droit du travail et de l’emploi
Dismissal not a "free pass" to Retrain During Notice Period

Dismissal not a "free pass" to Retrain During Notice Period

  • 27 septembre 2017
  • David Foster

An employee’s mitigation efforts remain one of the most contested, and unpredictable, issues in wrongful dismissal matters. In a helpful decision from the Ontario Superior Court, the concept of when retraining is appropriate was considered.

Droit du travail et de l’emploi
Resignation or Termination? New Guidance on Navigating Constructive Dismissals

Resignation or Termination? New Guidance on Navigating Constructive Dismissals

  • 27 septembre 2017
  • Matthew Lerner

The line between resignation and constructive dismissal has become increasingly blurred and is a common issue of contention in employment litigation. In the recent case of Persaud v Telus Corporation, the Ontario Court of Appeal provides useful guidance regarding the effect of conduct in determining whether a resignation is actually a constructive dismissal.

Droit du travail et de l’emploi
Are Ontario Employers Ready for Bill 177?

Are Ontario Employers Ready for Bill 177?

  • 18 avril 2017
  • Inna Koldorf

Bill 177, once passed, will amend the Employment Standards Act, 2000 and the Occupational Health and Safety Act to introduce a new leave of absence for employees who are or have experienced domestic or sexual violence, or whose children are or have experienced domestic or sexual violence.

Droit du travail et de l’emploi
Summary Judgment in the Employment Law Context

Summary Judgment in the Employment Law Context

  • 27 mars 2017
  • Andrew Monkhouse and Samantha Lucifora

The Hryniak decision called for a culture shift, and this shift has been strongly felt by employment lawyers, specifically with a recent increase in the scope of what summary judgment motions have been resolved, or partially resolved, by the Courts.

Droit du travail et de l’emploi
Ontario Superior Court of Justice Upholds Termination Clause that does Not Explicitly Mention Continuation of Benefits and Severance Pay

Ontario Superior Court of Justice Upholds Termination Clause that does Not Explicitly Mention Continuation of Benefits and Severance Pay

  • 09 mars 2017
  • Giovanna Di Sauro

In Oudin v. Centre Francophone de Toronto, plaintiffs were reminded that the interpretation of employment contracts is not merely an exercise in searching for a reason to set aside a termination provision. The recent decision in Cook v. Hatch Ltd. suggests courts may be skeptical of arguments that aim to do just that.

Droit du travail et de l’emploi
Managing Discipline and Disability: A New Approach for Ontario?

Managing Discipline and Disability: A New Approach for Ontario?

  • 08 février 2017
  • Heather Power

A recent arbitral decision has endorsed an alternative framework for arbitrators considering misconduct that is connected to a disability. Previously, the consensus in Ontario was that arbitrators ought to simultaneously apply a disciplinary or just cause analysis to the culpable aspects of the misconduct and a human rights analysis to the non-culpable aspect. This single stage inquiry has now been supplanted in favour of a two-stage analysis.

Droit du travail et de l’emploi
Forging the Way to Just Cause

Forging the Way to Just Cause

  • 06 février 2017
  • Deborah Hudson

The courts view just cause for dismissal as the capital punishment of employment law. Consequently, employers face a significant burden when trying to prove just cause at law. Arguing just cause for dismissal may be difficult; however, it is not impossible, especially in circumstances involving dishonesty or lack of trust. This article summarizes two recent decisions where employers were found to be justified in terminating employees with just cause based on forgery.

Droit du travail et de l’emploi