Legal logistics when terminating a work-from-home employee
When terminating an employee, especially in a remote work environment, it can be tricky to manage the return of home office equipment effectively. Mishandling this process can lead to lost or damaged equipment, security risks, and potential disputes. Below are the best practices to follow: 1. Inventory and documentation Before any termination occurs, maintain a […]
SpringLaw
4 minutes read
August 13, 2024 
$10,000 in punitive damages awarded for breach of ESA and employer’s reprehensible conduct
In a recent Ontario case, the court ordered the employer to pay a short-service employee two months of pay in lieu of notice plus $10,000 in punitive damages as punishment for conduct that was found to be “a marked departure from ordinary standards of decent behaviour.”
Rudner Law, Employment / HR Law & Mediation
Non-competition in Quebec: Employers should precisely define prohibited work in employment contracts
The Superior Court recently issued a significant warning to employers operating in Québec regarding the drafting of non-competition covenants included in employment contracts: it is a best practice to clearly define the type of prohibited work in these clauses.
McCarthy Tétrault LLP
Using arbitration clauses in employment agreements
In Ontario, where a dispute between an employer and an employee (or former employee) cannot be resolved informally – which is usually a more expedient and practical option – recourse to the courts is generally available.
Vey Willetts LLP
Bill 190: Changes to sick leave documentation requirements
If Bill 190, the Working for Workers Five Act, 2024, passes the third reading, the Employment Standards Act, 2000 will be amended to prohibit employers from requiring an employee to obtain a medical certificate (i.e., a sick note) from a qualified healthcare practitioner in order to qualify for statutory sick leave.
Simes Law
How much is enough? Court of Appeal for Ontario considers consideration
What happens when an employer wants a current employee to sign a new employment agreement? The employer must give the employee something in exchange for their signature to make the agreement binding, but how much is enough?
Rudner Law, Employment / HR Law & Mediation
In proving sexual harassment you can’t just rely on an investigation report
In Kozar v The Canadian National Railway Company (2024 MBKB), Justice Rempel heard a summary judgement motion regarding a 61 year old Senior Material Supervisor with 34 years service who was terminated for sexual harassment.
Barry B. Fisher LL.B.
Employee time theft and employer remedies
“Time theft” describes situations where an employee is paid for time they knowingly misrepresent as having been worked. Time theft may take many different forms.
Vey Willetts LLP
When are virtual termination meetings appropriate?
Virtual meetings, including virtual termination meetings, are here to stay. Thus, when ending the employment relationship, employers should aim to break the news in as sensible, respectful, and accessible setting as possible.
Vey Willetts LLP