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 […]
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 […]
Ontario Will Require Certain Employers to Implement Electronic Monitoring Policies
On February 24, 2022, the Government of Ontario announced that it will introduce new legislation requiring employers with 25 or more workers to implement a written electronic monitoring policy for […]
Guidance for Ontario Employers on Disconnecting from Work Policies and Non-Compete Agreements
On December 2, 2021, the Working for Workers Act, 2021 (the “Act”) received royal assent. As we discussed in an earlier update, the Act, among other things, amends the Employment […]
Federal Advisory Committee Offers Insight into Disconnect from Work Policies for Employees
The COVID-19 pandemic has blurred the line between work and home life for many employees. Disconnecting from work has in turn become significantly more difficult. In response, some governments, in […]
Employer Alert: Inquest into the 2009 Metron Scaffolding Tragedy Begins
An inquest into a scaffolding collapse that resulted in the death of four construction workers is underway. The inquest into the tragedy is aimed at improving worker health and safety […]
That’s an Order! Ministry of Labour reminds Employers that Compliance with Orders to Pay (and other Statutory Obligations) are not Optional
A Toronto-based newspaper and advertising company – and its director – were recently fined $90,000 and $10,000 respectively for failing to pay employees the wages they were owed,[i] serving as […]
Employer Alert: Ontario Passes Working for Workers Act, 2021
On November 30, 2021, the Government of Ontario passed the Working for Workers Act, 2021 (the “Act”), an omnibus legislation that amends several employment-related statutes, including the Employment Standards Act, […]
New Hope for Employers for “Just Cause” Termination Provisions: Rahman v Cannon Design Architecture Inc.
In Rahman v Cannon Design Architecture Inc., 2021 ONSC 5961 (“Rahman”), Justice Dunphy of the Superior Court of Ontario rejected the plaintiff’s argument that a “just cause” termination provision in […]