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  • Article

    Ontario, Canada Court Finds Employee Repudiated Her Employment Contract When She Refused To Work Unless New Conditions Were Met

    In Anderson v Total Instant Lawns Ltd, 2021 ONSC 2933 (Total Instant Lawns), an employee claimed her job was terminated and sought damages for wrongful dismissal...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada: Absent Exceptional Circumstances, 24 Months Is "High End" Of Reasonable Notice Award For Certain Managers & Adverse Unilateral Changes To Bonus Plans Must Be Communicated

    Early this year, we wrote about Dawe v. Equitable Life Insurance Company, 2018 ONSC 3130, a case in which the Ontario Superior Court of Justice substantially extended the traditional 24 month
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Time For Submissions Soon Expiring In Ontario Under Changing Workplace Review

    As previously reported, the Special Advisors to the Government of Ontario, Canada released their interim report on July 27, 2016 on ways in which the LRA and ESA could enhance protections for workers.
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Court Of Appeal Confirms That ESA-Compliant Temporary Layoff Clauses Are Not Termination Clauses

    The Ontario Court of Appeal has issued a landmark ruling clarifying that ESA-compliant temporary layoff provisions are distinct from termination clauses and remain enforceable even when other termination provisions in an employment agreement are invalid. This decision narrows the application of the Waksdale precedent and provides crucial guidance on how courts will interpret the interaction between temporary layoff rights, constructive dismissal claims, and employment contract enforceability.
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Littler Lightbulb - August 2026 Employment Appellate Roundup " data-once="externalLinksNewTab" style="opacity: 1;"> Littler Lightbulb – August 2026 Employment Appellate Roundup

    This comprehensive analysis examines recent federal appellate court decisions addressing critical employment law issues, including racial harassment prevention, FMLA medical certification authentication, hostile work environment standards, disability discrimination claims, and ERISA fiduciary duties. The cases provide important guidance on employer obligations and defenses across multiple circuits, offering practical insights into how courts evaluate evidence of discrimination, retaliation, and accommodatio
    United StatesEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    British Columbia, Canada: Human Rights Tribunal Dismisses Claim That University Faculty Member's Comment Constituted Sexual Harassment, Stating Entire Context Must Be Considered

    In an anonymized decision, The Employee v. The University and another (No. 2), 2020 BCHRT 12, the British Columbia Human Rights Tribunal (BCHRT) decided that a comment a faculty ...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Announces Effective Date And New Regulations Governing ESA Changes To Publicly Advertised Job Postings And Accompanying Recordkeeping Obligations

    Ontario's Bill 149, Working for Workers Four Act, 2024 and Bill 190, Working for Workers Five Act, 2024 both amended the Employment Standards Act, 2000 (ESA) by, among other things...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Court Finds Termination Clauses In Fixed-Term Employment Agreement Unenforceable

    In Dufault v. The Corporation of the Township of Ignace, 2024 ONSC 1029, the Ontario Superior Court of Justice held that the termination provisions of a fixed-term employment contract were illegal and unenforceable ...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada: Court Reminds Employers Termination Provisions That Could Possibly Violate ESA In The Future Are Unenforceable

    In Rutledge v. Canaan Construction Inc., 2020 ONSC 4246, Ontario's Superior Court held, rather surprisingly, that a termination provision in an employment contract that has even a remote...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Introduces Bill 27, Working For Workers Act, 2021

    On October 25, 2021, Ontario announced the introduction of Bill 27, Working for Workers Act, 2021 (Act) for First Reading. If passed, the Act would amend Ontario's Employment Standards Act, 2000...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    First Deadline For Compliance With Accessibility Legislation For Federally Regulated Employees Is Around The Corner

    The first deadline for compliance with the Accessible Canada Act (ACA) and its regulations is only two and a half months away. By June 1, 2023, federally regulated employers1 that had 100 or more employees...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    The Legal Landscape For Canadian Employers One Year After Legalization Of Cannabis

    With Canada's federal election fast approaching, Canadians will also be marking the anniversary of a major legislative change that has had a significant impact...
    United StatesEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Court Reinforces Waksdale's Impact On Enforceability Of Termination Provisions And Provides Guidance On Proving Failure To Mitigate

    In De Castro v. Arista Homes Limited, 2024 ONSC 1035, Ontario's Superior Court of Justice (Court) held the termination provision in an employment contract was unenforceable because it defined "cause" more broadly than does the Employment Standards Act, 2000 (ESA).
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada: Toronto And Peel Moved Into Lockdown

    On November 20, 2020, Ontario announced that in order to stop the spread of COVID-19, Toronto and Peel (including the cities of Mississauga and Brampton) will move to the maximum Lockdown level restrictions.
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Calculation Of Reasonable Notice Period When A Contractor Becomes An Employee

    Cormier v. 1772887 Ontario Limited (St. Joseph Communications) ("St. Joseph"), 2019 ONCA 965, is an appeal from a summary judgment motion...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Two Bills Amend Newfoundland And Labrador's Labour Standards Act

    On December 4, 2024, the following bills amending Newfoundland and Labrador's Labour Standards Act (LSA) received Royal Assent and became effective...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    New York Legislature Advances New Restrictions On Severance Agreements

    New York's proposed No Severance Ultimatums Act would impose significant new procedural requirements on employers offering severance agreements to employees...
    United StatesEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Court Applies The Rule In Waksdale And Provides Insight On Calculating Reasonable Notice Damages

    A recent wrongful dismissal opinion from the Ontario Superior Court of Justice weighed the impact of the pandemic and alleged failure to mitigate when deciding how much reasonable...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada: What Is An Employee's Entitlement To Incentive Plan Compensation During The Notice Period?

    In Manastersky v. Royal Bank of Canada, 2019 ONCA 609, the Ontario Court of Appeal ("OCA") considered the important question of whether a terminated
    United StatesEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Announces It Will Introduce Paid COVID-19 Leave

    On April 28, 2021, Ontario announced in a News Release that it will soon introduce legislation that, if passed, would require employers to pay employees up to $200 per day for up to three days if they...
    CanadaCoronavirus (COVID-19)
    Littler - Canada
    Littler - Canada

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