Getting fired is hard. Firing someone is just as hard, even if you are unhappy with that employee’s performance. Ending an employment relationship happens for many reasons, from poor performance to fit to business restructuring. Employees leave for similar reasons – they don’t think the company is living up to its promises, they’re experiencing feelings … Continue Reading
McDonald’s is in the news this week after their Board told their CEO, Steve Easterbrook, to “move on” after learning that he had been engaging in a romantic relationship with an employee. While the relationship was “consensual,” McDonald’s policy forbids managers from having romantic relationships with subordinates – whether they directly supervise them or otherwise. … Continue Reading
You can take it back. The Ontario Court of Appeal has ruled that employees can take back their intention to retire. We have spoken about whether an employee can take back their intention to retire in a previous blog post regarding the Ontario Superior Court decision in English v. Manulife Financial Corporation. This decision was … Continue Reading
Another large fashion retailer has fallen out of style with consumers, closing its doors for good across Canada. Last Sunday, Bradley Sell, the Chief Financial Officer of the Canadian subsidiary Forever XXI ULC (“Forever 21 Canada”), announced that all 44 of its Canadian stores would be closing. Sell cited economic viability as the primary reason … Continue Reading
Let’s face it, we are all addicted to our phones. Some of us have jobs where our phones are required to be locked up in a locker for the day and we only have access to them on breaks. As a desk worker – who does not have to lock up her phone – I … Continue Reading
If you’ve been terminated from your job and spoken to an employment lawyer you’ve probably heard the word “mitigation” thrown around. In this post, we will talk about mitigation, what it is and why it matters to you and your case. The Duty to Mitigate The duty to mitigate is a legal concept that basically … Continue Reading
We wrote about the Dawe v. Equitable Life Insurance Company, 2018 ONSC 3130 back in January. Check out that post here. The Dawe case was notable because the judge in that case awarded Mr. Dawe a notice period of 30 months. The judge also made the comment that he would have awarded Mr. Dawe 36 … Continue Reading
A labour arbitration decision out of Nova Scotia has got us thinking about what will qualify as addiction and justify accommodation in the work setting. In Unifor, Local 2215 v IMP Group Ltd (Aerospace Division) (AB Grievance), [2019] NSLAA No 4, Arbitrator Richardson determined that an employee’s on the job masturbation was not justified by … Continue Reading
At SpringLaw we work with a lot of tech companies and start-ups who are all about agility. These employers often include language in their contracts that speaks to being flexible with duties and rolling with the punches as the company scales. How flexible can employers expect their employees to be when it comes to having … Continue Reading
Readers of our blog will know that employers have a legal obligation to take workplace harassment seriously. These obligations are set out in Ontario’s Occupational Health and Safety Act (OHSA) and require that employers with more than five employees have a policy and procedure dealing with workplace violence and harassment. Employers are required to take … Continue Reading
For this week’s blog, we have gathered a list of the top 10 mistakes commonly made by freelancers and startups when hiring their first employee. Avoiding these pitfalls will help start you off on the right foot and avoid the hiring headaches! We’ve also covered our Top 10 list in this month’s SpringForward Legal Updates … Continue Reading
At SpringLaw one of our goals is to educate people about their legal rights in the workplace and upon termination, but this can be hard to do on a large scale. We want to reach many more people than those who we are able to serve individually. This is one reason why we are so … Continue Reading
Microsoft employees recently made the news protesting the company’s $479 million contract with the U.S. Military to create mixed reality headsets using the HoloLens platform for use in war. Click on the link if you have no clue what we are talking about, but these are basically headsets that blend reality and virtual reality into … Continue Reading
At SpringLaw, we are interested in privacy, technology and how they intersect in the workplace. A recent arbitration decision brought all three together and gives us some insight into how decision makers might treat evidence collected via surreptitious surveillance. In Vernon Professional Firefighter’s Association, IAFF, Local 1517 and The Corporation of the City of Vernon … Continue Reading
Valentine’s Day has us thinking about romance. In the mind of an employment lawyer, the leap from romance to harassment is a short one, and so that is what our post is about today. Harassment is not a new topic for us. You can read our past posts on sexual harassment, employer obligations regarding harassment … Continue Reading
The Notice periods are trending upwards. One reason for this is that people are not necessarily retiring at 65 anymore, leading employers to struggle with how to exit the older employee for either declining performance reasons (real or perceived) or to simply make room for new talent. As an example of the high-risk employers face … Continue Reading
Employment arrangements with different kinds of compensation are common and can present a lot of questions when it comes to a termination. In this post, we will look at how the law treats commissions. Notice Pay Readers of our blog will know by now that when an employee is terminated without cause they are entitled … Continue Reading
By: Hilary Page and Lisa Stam 2018 was a whirlwind of statutory changes in the employment law world, which has perhaps overshadowed the judicial developments that have taken place in courts. In today’s post, we turn to all things case law and give our picks for the top 5 employment law cases of 2018. Amberber … Continue Reading
Further to our post last week about key employees leaving, employers may wonder about risks to their business and options for recourse if that key employee leaves and sets up a competing shop next door. There are three main potential risks presented by a departing key employee: Misuse of employer confidential information Setting up a … Continue Reading
High turnover is a growing issue for companies. As I’ve written in the past, the Millennial generation are quick to jump ship for a better opportunity or when they feel the values of the company no longer match their own. Employers need to prepare themselves for the inevitable departures of key employees. Considerations When a … Continue Reading
Taxes change how much money ends up in our pockets and this truism also applies to wrongful dismissal awards. The way settlement money is lawfully characterized can have a big impact on how much goes to taxes and how much an individual gets to keep. In this post we will summarize the basic tax treatment … Continue Reading
Are non-competes, non-solicitations and confidentiality agreements enforceable in Canada? Aside from termination provisions, restrictive covenants are probably the clauses that give us employment lawyers the most to think about. A restrictive covenant is a contractual clause, typically in an employment agreement, that seeks to limit a former employee’s ability to solicit the employer’s clients and/or … Continue Reading
Wal-Mart Canada has been hit with the largest award for moral damages in a Canadian employment case ever. In December, the Ontario Superior Court awarded punitive and moral damages of $750,000 to former Wal-Mart Canada employee Gail Galea. Read the full decision here (nearly 100 pages). Ms. Galea was a senior management employee, hired by Wal-Mart … Continue Reading
Bonus entitlement is always a juicy topic. In September the Ontario Superior Court of Justice released a decision that shed some light on the issue of how entitlement to a bonus will be treated where an employer has no formal bonus policy, but a consistent past practice. In Fulmer v. Nordstrong Equipment Limited, a wrongful … Continue Reading
