With COVID-19 dominating all aspects of life for most of 2020,
including the workplace, it is hard to imagine that Ontario courts
and tribunals had time to deal with any other legal issues. It is
surprising, then, that this year saw so many important decisions in
employment and labour law, most of which were not at all related to
the pandemic or its effects on the workplace. What follows is the
second half of a two-part series on the five top employment and
labour law cases of 2020 (and one honourable mention), all of which
greatly shaped the law in this area during the past year.
C. Commission entitlement
Similarly, commission entitlements during the notice period were
clarified in 2020. In Kerner v. Information Builders (Canada)
Inc. 2020 ONSC 2975, David Kerner was terminated without
cause. At the time, he was 56 years old, worked in a senior sales
role and earned a $200,000 base salary and $91,000 in commissions
during his prior year of work. He found new
