Sale of a Business
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 […]
Sale of a Business Read More »
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 […]
Sale of a Business Read More »
If you are on disability leave, you may be wondering whether your employer can terminate your employment. The short answer is: it depends. In Ontario,
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
Just Cause Terminations: Terminated for Poor Performance? Read More »
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
An Employer’s ‘Duty to Inquire’ Read More »
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
How Do I Explain My Termination in a Job Interview? Read More »
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,
Paternity Leave and Job Protection Read More »
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
Ambiguity & Fixed-term Contracts – Toronto Employment Lawyer Read More »
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
Superior Court Makes Rare Award of Punitive, Defamation Damages Against Employer Read More »
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
Sexual Assault and the Civil Courts Read More »
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
Just Cause: Can My Employer Terminate Me Without Notice or Pay? Read More »
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 Does It Mean To Have a Fiduciary Duty? Read More »
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
Unexplained Absences and Tardiness: When Does It Become Job Abandonment? Read More »
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
Discrimination in the Workplace Read More »
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
Terminated for Cause? Why You Should Still Apply for Employment Insurance Read More »
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
Court of Appeal Expands and Clarifies Law on Incentive Programs During Notice Period Read More »
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
Are Performance Reviews Mandatory in the Workplace? Read More »
If your long-term disability (LTD) benefits have been denied, cancelled, or cut off, deadlines matter. In Ontario, many LTD lawsuits are governed by a two-year
Ontario Long-Term Disability Limitation Period (Deadlines to Sue) Read More »
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
Think Before You Terminate Read More »
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.
Termination of Fixed-Term Contract Employees Read More »
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)
Janus Decision Highlights Differences Between Canada and United States Read More »
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
Human Rights Tribunal of Ontario Finds Human Rights Code Provision Unconstitutional Read More »
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
Monkhouse Law Finalist in National HR Awards Read More »
When an employee commences an action for wrongful dismissal, that employee has an obligation to take reasonable steps to find a new job comparable to
Court Awards Costs of Selling Home and Purchasing New Home in Wrongful Dismissal Case Read More »
A recent decision of the Ontario Court of Appeal could have implications for how public-sector employers respond to harassment by customers. In Bracken v Fort
Court of Appeal Clarifies Freedom of Speech in Government Workplaces Read More »