June 18, 2013

Minimum Statutory Rights Required for Employment Contract to be Enforceable

A recent decision of the Ontario Superior Court highlights for employers the need to ensure that their employment contracts do not fall below the minimum entitlements under employment standards legislation. Much of wrongful dismissal litigation centers on creative attempts by plaintiff-side employment lawyers finding ways to argue that termination clauses in employment agreements are unenforceable…

June 18, 2013

Family Status

The Law Ontario’s Human Rights Code Every person has a right to equal treatment with respect to employment without discrimination because of family status. Decisions regarding hiring, promotion, training, discipline or dismissal should not be directly or indirectly based on assumptions related to family status. Family status need only be one of the reasons for…

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…

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