Enforcing mandatory COVID vaccination policies
Many employers have introduced mandatory COVID vaccine policies that will take effect this month. I am being asked two main questions in relation to the implementation of this kind of policy. The first...
View ArticleSophistication of the employee does not affect legality of termination provision
In Livshin v The Clinic Network Canada (2021 ONSC 6796) Black J. had situation where the termination clause breached the ESA in that they referenced ”just cause” as a a ground for paying no severance,...
View ArticleWrongful dismissal damages
Calculating notice periods, dealing with wrongful dismissal claims, and considering the pandemic as a factor in a reasonable notice period are discussed in this article. Continue reading Wrongful...
View ArticleOntario extends the COVID-19 period and paid IDEL period
On December 7, 2021, the Ontario government announced that the COVID-19 Period is extended to July 30, 2022 (was slated to expire January 1, 2022). Continue reading Ontario extends the COVID-19 period...
View ArticleA tale of two notice periods
In Ontario, there is a presumption that when an employee is dismissed from their employment without cause, they will receive reasonable notice of the termination (or payment in lieu thereof). While not...
View ArticleDoug’s top 5 employment law stories of 2021
Last year, three of my top five stories were COVID related. This year all five stories are COVID related, covering temporary layoffs, mandatory vaccination policies, just cause for termination,...
View ArticleEmployee sophistication and enforceability of termination provisions
Recent judgments have muddied the waters on the importance of considering the relative sophistication of employees in determining the enforceability of termination provisions in employment contracts....
View ArticleSexual assault is by definition serious misconduct
In AG Growth International Inc v Dupont ( 2021 ABQB) Justice Little, sitting on appeal from a decision of the Provincial Court found that the trial judge had made a error of law when he failed to begin...
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