Dusting Off the Original Employment Agreement – What Happens When an Employee’s Role Changes?

Claims of constructive dismissal are typically triggered by adverse changes to an employee’s position such as the loss of managerial responsibilities, significant wage cuts and demotions.  However, it is also the case that positive, mutually rewarding and welcome changes to an employee’s roles and responsibilities can have an impact on the underlying employment agreement. The […]

But I Don’t Want the Job…

There are certain decisions that cover so many issues, that you know, from the first time that you read them, you will be coming back to them again. Justice Muszynski’s recent decision in Hickey v. Christie & Walther Communications Limited, 2020 ONSC 7214 (CanLII) is one of those decisions. The case is, at its core, […]

Regulating Witch Hunters

The Halloween decorations making their annual appearance on front lawns and store fronts reminded me of a book I read this summer which mentioned the end of witch hunting. I found myself wanting to know more. It appears that employment opportunities as a witch hunter in the United Kingdom came to an end with the […]

To Control or Not to Control? Hidden Employment Liabilities for Franchisors

The intersection of franchise and employment law in Ontario is worthy of comment. This intersection does not gain much attention and, if ignored, can lead to significant liability for franchisors. This liability primarily stems from two employee protections. The first protection is the combined “related” and “common” employer doctrine. In Ontario, under both the Labour […]

Extended Security Blanket: Enhanced Support Updates for Regular and Special EI Benefits

COVID-19 In early 2020, the federal government was forced to create an economic action plan to assist the influx of individuals whose employment was negatively affected by the COVID-19 pandemic. A major component of this plan was the Canada Emergency Response Benefit (CERB) – a flat $2,000 monthly payment for those who qualified. Effective September […]

Fill In the Blanks: Restrictive Covenants and Ambiguity

Employers often use restrictive covenants to limit what an employee can do both during and after employment. The two primary restrictive covenants are “non-competition” clauses and “non-solicitation” clauses. As discussed in an earlier blog, non-competition clauses attempt to control employees from directly competing with the employer during and after employment. Non-solicitation clauses attempt to ensure that […]

Stocks for the Departing Employee

In the field of employment law the following two principles are well established: A wrongfully dismissed employee is entitled to damages for the loss of wages and salary as well as other incentives such as bonuses and stock options that they would have been earned during the notice period. Employers are permitted to limit the […]

The Temporary Suspension of Temporary Layoff Rules Now a Little Less Temporary

On September 3, 2020 the Ontario Government announced that they were extending the stay on the temporary layoff rules under the Employment Standards Act, 2000 (ESA) to prevent temporary layoffs from automatically becoming permanent job losses. Normally, under 56 (2) of the ESA once an employee has been on a temporary layoff for more than […]