ArticleBreaking-Up Is Complicated! Constructive Dismissal And The Duty To MitigateHe began his career at Strone as a carpenter, and was subsequently promoted to the position of Health & Safety Training Specialist.CanadaEmployment and HRMacDonald & Associates
ArticleCourt Of Appeal Confirms Years Spent As A Contractor Are Included In Calculation Of Reasonable NoticeEarlier this year, the Ontario Superior Court, in Cormier v 1772887 Ontario Ltd (St. Joseph Communications), addressed the issue of whether or not previous years workedCanadaEmployment and HRMacDonald & Associates
ArticleLiability For The Tort Of Intentional Infliction Of Mental SufferingThe tort of intentional infliction of mental suffering ("IIMS") is not awarded often, and requires the Plaintiff to meet a very high threshold.CanadaEmployment and HRMacDonald & Associates
ArticleOntario Employer-Provided Benefits During A Layoff Or Leave Of AbsenceIn light the current COVID-19 pandemic, and its impact to the economy across the province, layoffs and leaves of absences are becoming much more commonplace. If your employer has temporarily laid you off...CanadaEmployment and HRMacDonald & Associates
ArticleThe Expiration Of Deemed IDELOntario's Infectious Disease Emergency Leave (IDEL) Regulation expired on July 30, 2022 in accordance with the provincial government's confirming of July 30th as the end of the official...CanadaEmployment and HRMacDonald & Associates
ArticleWork-Sharing Temporary Special MeasuresWork-Sharing ("WS") is an adjustment program for employers to avoid layoffs when there is a temporary reduction in business that is beyond the employer's controlCanadaEmployment and HRMacDonald & Associates
ArticleDiscretionary Bonuses Have To Be ‘Fair And Reasonable'MacDonald & Associates is proud to report on yet another of its recent successes following the precedent setting decision of Maynard v. Johnson Controls Canada, 2022 ONSC 3863, which was argued by Natalie MacDonald and Chris Randall.CanadaEmployment and HRMacDonald & Associates
Article24 Months Remains The Limit For Termination Notice In Most Dismissal Cases In OntarioIn the absence of an employment contract or a valid termination clause, a dismissed employee is entitled to termination pay at common lawCanadaEmployment and HRMacDonald & Associates
ArticleCause For Concern: Ontario Court Of Appeal Rules Illegal "For Cause" Provision Invalidates Entire Employment ContractMr. Benjamin Waksdale ("Mr. Waksdale") worked for his former employer, Swegan North America Inc. ("Swegan"), for a period of eight months before he was terminated without cause. CanadaEmployment and HRMacDonald & Associates
ArticleUber's Employment Contract Is Illegal And Unconscionable – The Ontario Court Of AppealIn Heller v. Uber Technologies Inc., 2019 ONCA 1, the Ontario Court of Appeal found that the arbitration clause in Uber's driver services agreement and UberEATS services agreement ...CanadaEmployment and HRMacDonald & Associates
ArticleWhen Does The Clock Start To Run In A Wrongful Termination Case?On June 28, 2019, the Divisional Court denied leave to appeal the decision of Justice Perrell in Iluyomade v. Toronto Community Housing Corp., 2018 ONSC 7727 (CanLII)("Iluyomade").CanadaEmployment and HRMacDonald & Associates
ArticleNon-Discretionary BonusesIt is quite common for employers to omit (intentionally or otherwise) payment of any bonuses a dismissed employee would have earned had they been given working notice or remained employed.CanadaEmployment and HRMacDonald & Associates
ArticleNew Federally Regulated Workplace Harassment And Violence Prevention RegulationsOn January 1, 2021, the Government of Canada's Bill C-65 Workplace Harassment and Violence Prevention Regulations SOR/2020-130 came into effect.CanadaEmployment and HRMacDonald & Associates
ArticleConstructive Dismissals During COVID-19: What's The Deal With Infectious Disease Emergency Leaves?A constructive dismissal occurs when an employer makes a substantial change to a fundamental term or condition of an employee's employment without the employee's express or implied consent.CanadaEmployment and HRMacDonald & Associates
ArticleThe State of Private Equity Investing in Canada. Is the Outlook Improving?Investment activity in Canada has picked up considerably in the third quarter of 2003.United StatesStrategyTesta, Hurwitz & Thibeault, LLP
ArticleAll You Need To Know About The Canadian Emergency Response BenefitThe Canadian Emergency Response Benefit ("CERB") provides temporary income support to those who have stopped working because of COVID-19.CanadaCoronavirus (COVID-19)MacDonald & Associates
ArticleCanada Emergency Wage Subsidy – COVID-19The CEWS is a $71 billion subsidy intended to assist Canadian businesses to keep and return their workers to their payroll during COVID-19, reduce claims on employment insurance...CanadaCoronavirus (COVID-19)MacDonald & Associates
ArticleGood Faith And The Unfettered Right To Terminate – The Ontario Court Of Appeal Got It RightThe Ontario Court of Appeal released its decision in Mohamed v. Information Systems Architects Inc., 2010 ONCA 248 on May 7, 2018. CanadaEmployment and HRMacDonald & Associates
ArticleThe "Historic Trade-Off": Ontario Divisional Court Considers The Interplay Between The Workers' Compensation Scheme And Constructive Dismissal Actions Arising From Workplace HarassmentShe was made to apologize to one of her harassers and was told to work "more cohesively" with team members.CanadaEmployment and HRMacDonald & Associates
ArticlePregnancy Discrimination At Work, Your Rights And The LawPregnancy discrimination is still something that is prevalent in the workplace, albeit more subtle then it was decades ago. CanadaEmployment and HRMacDonald & Associates