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Stock options, restricted share units (“RSUs”), long-term incentive plans (“LTIPs”), bonuses, and other non-traditional compensation structures can comprise a large portion — even a majority — of an executive’s compensation. The increasing dominance of employee stock options has led to more litigation in this area in recent years as new and more nuanced questions arise […]

 Update May 6, 2021 On April 29, 2021, Ontario implemented amendments to the Employment Standards Act, 2000 (“ESA”), which provide employees with up to three days of paid leave. The amendments also allow for employers to receive reimbursement for the three days of paid leave given to employees.  The job-protected paid leaves are for any

In response to the COVID-19 pandemic, the Employment Insurance (“EI”) rules have been temporarily changed in Canada to allow employees to access EI benefits even when they received a severance package. Read on to learn more about what this means for employees. Generally, an employee cannot receive EI benefits while also receiving severance or termination

The short answer is it depends. Mandatory workplace vaccination policies can be part of a larger program for preventing workplace spread of infectious diseases. However, such policies are usually only enforceable where they: Are based on evidence demonstrating: a serious risk of infection in the workplace, and the effectiveness of a vaccine or alternative measures

 Effective Thursday, April 8, 2021, the Ontario government issued a province-wide Stay-at-Home order. This is the third state of emergency under the Emergency and Civil Protection Act. The government’s Stay-at-Home order requires everyone to stay at home except for permitted purposes such as going grocery shopping, visiting the doctor, exercising, or attending to specific important and

Generally, employers are not permitted to interfere with the off duty conduct of an employee or impose any form of discipline for off-duty conduct, with limited exceptions. Case law has found that one of these narrow exceptions is employers requiring random drug testing of employees in professions that are dangerous and pose serious health and

Employees can often feel powerless in the face of workplace harassment, particularly if the comments or actions are coming from a superior. Read on to learn what legal options are available in Ontario if you are experiencing workplace harassment. What should an employee do if they are experiencing workplace harassment? Generally, it always best to

The COVID-19 pandemic has forced many businesses to lay off or terminate huge portions of their workforce to stay afloat, and there have been record levels of unemployment. This has made the job market competitive and employees may find it more difficult to find a new job after being let go.  Recent Court decisions suggest

Termination clauses in employment contracts are an employer’s best defense against owing significant notice to employees upon termination. The recent Ontario Superior Court decision of Ojo v. Crystal Claire Cosmetics Inc, 2021 ONSC 1428, represents yet another crack in this ever-weakening armor. In Ojo the termination clause was found to be unenforceable, entitling the employee

Like nearly every aspect of life, the way litigation is conducted has been drastically altered by the COVID-19 pandemic. As recent case law and practice directions have indicated, the court is not willing to accept there should be indefinite delays in order to conduct steps in the litigation in a pre-COVID manner. For example, while