Job Abandonment Ontario

What does job abandonment mean? Job abandonment occurs when an employee has a pattern of unexcused or unauthorized absences which result in the employer deeming their job “abandoned” and the employee is therefore terminated. Usually, this will result in this dismissal being treated as a resignation as opposed to a termination, meaning the employee will …

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Non-Solicitation Clause Ontario

What does a non-solicitation clause mean?  In Ontario, a non-solicitation clause is a provision in an employment contract that specifically prohibits an employee from soliciting or “poaching“ clients, customers, vendors, business partners or employees from their former employer. These restrictions must be limited in geographic scope and duration. In employment law, a non-solicitation clause is …

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Matthews v. Ocean Nutrition: Supreme Court Clarifies Access to Bonuses for Terminated Employees

On October 9th, 2020, the Supreme Court of Canada handed down its decision in the employment law case of Matthews v. Ocean Nutrition Canada Ltd., 2020 SCC 26. It is one of the Supreme Court’s rare decisions in employment law. The Court allowed the appeal, finding that the terminated employee was entitled to his bonus …

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The Difference Between Laid Off and Terminated

The terms laid off and terminated are sometimes used interchangeably when talking about the end of an employment relationship. However, each of these terms has a unique legal meaning that imposes rights and responsibilities on employees and employers. Read on to find out the meaning of each of these terms and the distinction between them. …

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New Ontario Government Guidelines for Mandatory COVID-19 Workplace Screening

On September 25, 2020 the Ontario government announced a new amendment to of O. Reg 364/20: Rules for Areas in Stage 3 under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (the “Amendment”). This amendment now requires all Ontario workplaces to conduct a screening for all employees upon arriving at their workplaces, to evaluate the …

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Family Caregiver Leave in Ontario and COVID-19 Leaves of Absence

With the recent uptick in COVID-19 cases, employees are once again forced to consider how they will care for loved ones if someone becomes ill. In March of this year, the Ontario government announced special leaves of absence for employees in response to COVID-19, for example, for employees providing care to a person for a …

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3 Key Considerations For Executive Compensation and Severance

If you are an executive or senior-level employee nearing the end of your employment, you’ll want to carefully plan your next moves to ensure you have an exit plan that works in your favour. Because of the complexity of executive compensation, senior executives may be shortchanged when offered termination or severance packages. Stock options, restricted …

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