Articles

About Articles The following articles are published by the Labour and Employment Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Madeleine Werker

Today
Today
Tax Implications and Settling your Employment Matter

Tax Implications and Settling your Employment Matter

  • March 09, 2020
  • Jennifer Emmans, Emmans Law Professional Corporation

This article addresses whether there is any opportunity to maximize the available settlement dollars in an employment dispute by lawfully utilizing taxation categories.

Labour and Employment Law, Student Forum

A Primer on Insolvency for Labour and Employment Lawyers

  • February 03, 2020
  • Danny Nunes, DLA Piper

This article provides a brief primer on some of the employment and labour law issues that come into consideration when a company is involved in insolvency proceedings.

Insolvency Law, Labour and Employment Law, Student Forum

A Full and Final Release Signed Upon Termination of Employment Does Not Bar an Unjust Dismissal Complaint Under the Canada Labour Code

  • December 16, 2019
  • Behzad Hassibi, Israel Foulon LLP

The Federal Court of Canada recently ruled that a release signed upon termination of employment does not bar an unjust dismissal complaint under the Canada Labour Code (“Code”), as parties cannot contract out of Part III of the Code (Bank of Montreal v. Li, 2018 FC 1298 (CanLII) (“Li”)).

Labour and Employment Law, Student Forum
Practical Considerations for Canada Labour Code Dismissals

Practical Considerations for Canada Labour Code Dismissals

  • December 16, 2019
  • Jennifer Emmans, Emmans Law Professional Corporation

When dismissing an employee, Canada Labour Code (“Code”) governed employers face different legal considerations than provincially regulated employers.

Labour and Employment Law, Student Forum
Employer Flexibility Does Not Modify the Employment Contract

Employer Flexibility Does Not Modify the Employment Contract

  • November 27, 2019
  • Justin P’ng, Fasken Martineau DuMoulin LLP

It is a fact of life. Employees sometimes need flexibility to start or leave work at different times than originally agreed with their employer. Sometimes this is because of child care issues. A recent appellate decision, Peternel v. Custom Granite & Marble Ltd., confirms that employer flexibility in granting occasional requests does not always modify the underlying employment contract.

Labour and Employment Law, Student Forum
Termination Clause Waiving Past Service Void as per ESA and a Savings Clause Does Not Help

Termination Clause Waiving Past Service Void as per ESA and a Savings Clause Does Not Help

  • November 27, 2019
  • Barry B. Fisher LL.B.

In Groves v. UTS Consultants Inc., 2019 ONSC 5605, the Ontario Superior Court of Justice held that a termination clause, which was found to contract out of the Ontario Employment Standards Act, 2000 (the ESA), could not be read to comply with the ESA despite containing a "saving clause."

Labour and Employment Law, Student Forum

Welcome to Your Section Newsletter - 2019-2020

  • October 31, 2019
  • Gregory Ko, Kastner Law, and Esi Codjoe, Turnpenney Milne LLP

Welcome to the first edition of the 2019-2020 Labour & Employment Section newsletter. Read on to learn what is in store for this year's newsletter.