Articles 2024

Today
Today

At Last! Employers Score a Much-Needed Victory in the Battle Over Termination Clauses!

  • October 25, 2024
  • Andrew Bratt, Drew McArthur and Rachel Corwin

Notwithstanding the increasing scrutiny and frequent invalidation of termination provisions by trial judges, it is still worthwhile for employers to include restrictive termination provisions in employment contracts as there are numerous examples of courts upholding the language when properly drafted. The latest example is Bertsch v. Datastealth.

Labour and Employment Law, Student Forum
photo of author Inna Koldorf

The Duty to Investigate Workplace Harassment Exists, Even in the Absence of a Complaint

  • September 20, 2024
  • Inna Koldorf

Recently, the Ontario Divisional Court confirmed that incidents of harassment have to be investigated even in circumstances where there was no complaint, the harassing conduct was undertaken after working hours and away from the workplace, and the victim of the conduct did not wish to file a complaint.

Labour and Employment Law, Student Forum
photo of author Maciej Lipinski

Prepare for AI Regulation Ahead When Advising Employer Clients

  • September 20, 2024
  • Maciej Lipinski

While many employers are already considering, or are in the process of, taking steps to address the growing adoption and use of generative AI among their employees, important legal regulatory frameworks are also in development at both the Provincial and Federal levels. For lawyers advising employer clients grappling with generative AI in the workplace, it is increasingly important to keep an eye on the regulatory developments ahead.

Labour and Employment Law, Student Forum
Photo of author Mitchell Rose

Introducing the Totally Not Fake Dictionary of Ontario Employment Law

  • September 20, 2024
  • Mitchell Rose

This article contains excerpts from The Totally Not Fake Dictionary of Ontario Employment Law. In this new, groundbreaking work, the author aims to “tell it like it is." Readers will note that most entries contain multiple definitions drawn from real life. Pick the definition that you prefer depending on who your client is presently, and your deeply held biases.

Student Forum
head-shot photo of author Nikki Banwait

Marentette v Canada: The Weight of Procedural Fairness

  • July 02, 2024
  • Nikki Banwait

Procedural fairness is critical to conducting appropriate workplace investigations and is a central component of ensuring objectivity and propriety in the investigation process. As illustrated in this recent Federal Court decision, a failure to ensure the procedural fairness of an investigation can be fatal to its ultimate findings – or invalidate the investigation entirely.

Labour and Employment Law, Student Forum

Bonus or Bust: Unravelling Employee Entitlements Post-Termination

  • July 02, 2024
  • Shan Malhi, JD Candidate 2025, Western University, Faculty of Law

A review of the legislative and jurisprudential frameworks regarding employee bonus entitlement subsequent to the termination of their employment.

Labour and Employment Law, Student Forum
head-shot photo of author Robert Richler

Dufault Case Finds New Faults with Termination Provisions

  • April 17, 2024
  • Robert Richler

A recent case underscoring the importance of ensuring termination clauses adhere to ESA minimum requirements and the need for employers to carefully consider whether to use fixed-terms when hiring employees.

Canadian Corporate Counsel Association - Ontario Chapter, Labour and Employment Law, Student Forum