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 […]

“Extra Breathing Room”: Dangers And Benefits Of Extending The Probation Period

Many employers require employees to agree to a probationary period (usually 3 months, but sometimes longer) during which the employer can dismiss the employee for any lawful reason whatsoever without notice or pay in lieu. The purpose of the probationary period is to allow the employer an opportunity to assess the new employee and determine […]

Terminations During the Probationary Period: Three Common Assumptions

Many employers like to take the first few months of a new employee’s employment to decide whether their new hire is the right addition to the team.   Some like to call it a probation, others, a trial or evaluation period. Irrespective of what it is called I have noticed three recurring assumptions about this initial […]

The State Has No Place In The Bedroom Of The Nation… But Does Your Employer?

In 1968, former Prime Minister Pierre Elliot Trudeau ushered in significant changes to the Criminal Code, which had until then criminalized homosexuality, with the following well-known pronouncement: There is no place for the state in the bedroom of the nation. What is done in private between two adults does not concern the Criminal Code. Although […]

The Price of Breaking Promises in Settlement Agreements

Breaking a promise to keep the terms of settlement confidential can mean having to give settlement money back. For some employees, the legal documents that they are asked to sign after the parties have agreed to a dollar value to settle a claim for wrongful dismissal can seem like “mere details”. Employees who sign such settlement […]

Starting a New Job? What to Consider When Reviewing Your Employment Contract.

1.      Start Date Take the time to read the employment contract before you sign and before you start working. 2.      Termination Clause This is the part of the contract that sets out how much notice the employer will give you if the decision is made that it is time to part ways.  Often the clause […]

Employee’s Duty to Mitigate Damages

It is a general principle of employment law that an employee who is terminated from employment is required to make reasonable efforts to find other sources of income or “mitigate their damages”. Generally, income that is earned by an employee after he or she is terminated from employment during a reasonable notice period is deducted […]