June 18, 2013

Duty to Mitigate

Following a recent ruling of the Ontario Court of Appeal, Bowes v. Goss Power Products Ltd., an employee in Ontario no longer has an obligation to mitigate when employment is terminated pursuant to an employment agreement that contemplates a fixed term of notice or pay in lieu of notice when the employment agreement does not…

June 14, 2012

A Time for Review

Following a recent ruling of the Ontario Court of Appeal, Bowes v. Goss Power Products Ltd., an employee in Ontario no longer has an obligation to mitigate when employment is terminated pursuant to an employment agreement that contemplates a fixed term of notice or pay in lieu of notice when the employment agreement does not…

June 13, 2012

“Intrusion Upon Seclusion” and Privacy Rights in the Workplace

In its recent decision in Jones v. Tsige, the Ontario Court of Appeal for the first time held that an individual has a right of action for damages against others for invasion of privacy. This right of action, described in terms of an “intrusion upon seclusion”, recognizes the significant interest of Canadians to be free…

June 12, 2012

An Update to Bill 168, Workplace Violence and Harassment

Case Law to date – Trends in Employer Behavior It has now been almost two (2) years since Bill 168 came into force (it became operational June 15, 2010). This paper provides a discussion of the major operational trend we have seen in respect of employers’ reaction to Bill 168 and provides a summary of…

June 12, 2012

Limiting Compensation Paid During the Reasonable Notice Period

Employers are often surprised to learn that terminated employees often expect to receive pro-rated amounts for compensation items such as bonus payments, car allowance, stock options, pension plan contributions, and other perks of employment as part of a separation package. The inclusion of such items in a separation package can make the terms of the…

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