Monkhouse Law

When an employee is terminated without cause they are presumptively entitled to reasonable common law notice of the termination of their employment. In most cases, […]

Businesses are frequently bought and sold.  The structure of the sale can affect the liability for employees’ severance entitlements. It is important for both employers

Sometimes there has been a breakdown in the employer-employee relationship, such that it results in termination with allegations of “just cause”. When an employer alleges

Let’s say you are an employer.  Consider a scenario where one of your employees has suddenly been showing up late, being absent altogether, insubordinate, or

Close to the end of Kathleen Wynne’s time as Premier of Ontario, the Liberal Party brought relatively sweeping changes to workplace law in Bill 148.

When commencing a wrongful dismissal lawsuit, an employee has a duty to mitigate their damages; meaning they are required to attempt to decrease their losses

Parents who have childcare needs are entitled to certain protections in workplaces under the law. On November 22, 2017, the Ontario government passed Bill 148,

Having clear and precise language is the foundation of any good employment contract. Particularly within fixed-term contracts, the liability for terminating an employee may be

In Hampton Securities Limited v Dean, 2018 ONSC 101 (“Hampton Securities”), the Ontario Superior Court of Justice made a rare award of punitive damages and

The #MeToo movement found itself again in headlines recently with an American Supreme Court nominee being at the centre of sexual assault allegations. While the

In a nutshell, the answer is yes, if your employer has just cause. If the alleged misconduct rises to the level of cause, you will

A fiduciary duty is a legal obligation of one party to act in the best interest of another. The obligated party would be labelled a

What Constitutes Job Abandonment? Job abandonment is when an employee persistently refuses to attend work or explain their absence. In order for an employer to

Within all aspects of society, we are governed by a variety of rules, regulations and standards which attempt to avoid chaos, however sometimes in the

When an employee is terminated, the form that the employer provides classifies the termination as “with cause” or “without cause”.  Without cause implies that the

This year Ontario’s highest court has revisited and expanded an employee’s ability to receive the incentive based compensation when they have been terminated by their

A common question we often receive is, “What happens if I was fired but I never received a performance review?” As performance reviews are an

The employment relationship can be complicated at times. The general rule is that an employer contracts an employee for an indefinite period of time to

When someone signs a fixed-term employment contract, they know that their employment relationship is intended to only last for a specific and definite time period.

The Supreme Court of the United States recently decided Janus v. American Federation of State, County, and Municipal Employees, Council 31, 585 U.S. _ (2018)

In 2006, when Ontario abolished mandatory retirement, employers were still able to terminate benefits for workers who turned 65, due to a section of the

Monkhouse Law, founded by Andrew Monkhouse has been nominated as a finalist at the 2018 Canadian HR Awards for the Best Employment and Labour Law