No one likes a bitter end, especially when it may cost $50,000: Employers beware of how you terminate an employee
Aggravated damages can be awarded to terminated employees if there has been a breach of the employer’s duty of good faith during the dismissal process. Recently, in Krmpotic v. Thunder Bay Electronics Limited, 2024 ONCA 332, the Court of Appeal for Ontario awarded an employee $50,000 in aggravated damages because the dismissal process was not carried out in an honest manner.
Simes Law
4 minutes read
July 9, 2024 
Court decision on termination clause and punitive damages award
The recent Court decision in Wilds v. 1959612 Ontario Inc. addresses the enforceability of a termination clause contained in the employment contract, as well as the availability of punitive damages.
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
Waksdale is safe: OCA refuses 5 panel bench in Dufault v Township of Ignace
In their Notice of Appeal, the Township asked the Ontario Court of Appeal to convene a panel of five judges because they wanted to overturn the seminal Ontario Court of Appeal case of Waksdale v. Swegon North America Inc., 2020 ONCA 391.
Barry B. Fisher LL.B.
Difficulties of constructive dismissal: Navigating the complexities of employment claims
In recent years, there has been a notable rise in allegations of constructive dismissal within the employment sphere. Despite this trend, the surge in claims doesn’t necessarily correlate with an increase in valid cases.
SpringLaw
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
2024 legislative changes affecting Ontario-based employers
In this article, we highlight a few of the major changes announced in the Working for Workers Five Act, 2024 and the 2024 Federal Budget and summarize how these may impact your organization.
Vey Willetts LLP