(Tap-Tap-Tap… Is This Thing On?) Attention Employers – Be Aware: Court Awards Moral Damages Based on Recording of Termination Meeting
In Teljeur v Aurora Hotel Group, 2023 ONSC 1324, Justice McKelvey of the Ontario Superior Court of Justice awarded a terminated employee $15,000 in moral damages because the employer acted […]
Employers Beware of the Risks of Fixed-Term Agreements
A recent decision affirmed by the Ontario Superior Court of Justice Divisional Court is a reminder to employers of the inherent risks of relying on fixed-term employment agreements, particularly where […]
Employer Update: Naloxone Kits Now Required in At-Risk Workplaces under Ontario Occupational Health and Safety Act
Employers in Ontario are now required to make naloxone kits available in workplaces where there is a risk that a worker will experience an opioid overdose. This change came into […]
Employers – Proceed with Caution: Ontario Court of Appeal Holds Material Changes to Employment Duties can Void Employment Agreement
In a recent decision, the Ontario Court of Appeal (the “ONCA”) applied the changed substratum doctrine in refusing to enforce an employment agreement due to material changes in the employee’s […]
WeirFoulds Partner Daniel Wong Appointed Co-Chair of NAPABA Labor & Employment Committee
We’re pleased to announce that Partner Daniel Wong was recently appointed as the co-chair of the Labor & Employment Committee at the National Asian Pacific American Bar Association (NAPABA). NAPABA […]
Get It in Writing: Ontario Court Upholds Termination for Cause Based on Written Employment Agreement and Clear Employee Expectations
Overview In Park v Costco Wholesale Canada Ltd.[1], the Ontario Superior Court of Justice affirmed the test for just cause dismissal resulting from an employee’s dishonest conduct, set out by […]
The Cost of Stolen Time: B.C. Tribunal Provides Clarity on Employee Time Theft and Cause for Termination
“Time theft” occurs when an employee is paid for time that the employee knowingly did not work. Examples include the alteration of records by an employee to reflect paid time […]
Web Series: Leading Questions – Presented by WeirFoulds Women
Leading Questions is a web series that explores everyday legal issues, hot topics in business and professional development, and more. The series is hosted by Megan Mah and Kayla Theeuwen, […]
Alberta Decision Holds Workplace Mask Requirement Does Not Amount to Constructive Dismissal
In a recent decision, Benke v Loblaw Companies Ltd., 2022 ABQB 461 (“Benke”), the Alberta Court of Queen’s Bench (the “Court”) dismissed a constructive dismissal claim brought by an employee […]
50 WeirFoulds lawyers have been recognized in Best Lawyers in Canada and Best Lawyers: Ones to Watch
WeirFoulds congratulates 42 of our lawyers on being recognized in the 2023 edition of Best Lawyers in Canada, and eight of our associates and partners on being recognized in the […]
Employer Update: Paid COVID-19 Leave Extended in Ontario
As discussed in our previous article, on April 29th, 2021, the Ontario government introduced the COVID-19 Putting Workers First Act, which mandates paid sick days related to COVID-19. This program, […]
Waksdale Strikes Back: Ontario Court of Appeal Overturns Rahman; Employee Sophistication Cannot Save Deficient Termination Clause
Recently the Ontario Court of Appeal in its decision Rahman v Cannon Design Architecture Inc., 2022 ONCA 451, confirmed that employee sophistication and involvement in negotiation of an employment agreement […]
Reminder to Ontario Employers: Upcoming Deadlines for Workplace Policy Requirements
Ontario employers be advised: there are two upcoming deadlines to implement new workplace policies to comply with recent legislative amendments to the Employment Standards Act, 2000 (“ESA”). As a result […]
Bill 88 Introduces New Policy Requirement and Significant Changes for Employers in Ontario
On April 11, 2022, Bill 88 the Working for Workers Act, 2022 (“Bill 88”) received royal assent, making it law in Ontario. Bill 88 makes amendments to various employment-related statutes […]
Court of Appeal: One Incident of Sexual Harassment May Warrant Summary Termination
Dismissal for just cause has been described as the “capital punishment” of employment law. Indeed, courts are generally reluctant to uphold a dismissal for just cause absent a finding of […]