In the recent decision, Garda Security Screening Inc. v IAM, District 140 (Shoker Grievance)  O.L.A.A. No. 162, an employee’s employment was terminated due to the failure to follow the employer’s COVID-19 rules. The employee signed a statement, annually, confirming she was aware of the employer’s Code of Ethics and that she understood that a […]
Archive for month: January, 2021
As of October 1, 2020, the general minimum wage increased across Ontario to $14.25 per hour. Other categories of workers also increased as follows: Student Minimum Wage Individuals who are below the age of 18 who work 28 hours a week or less. $13.40 per hour Liquor Servers Minimum Wage Applies to individuals who serve […]
In a recent decision from the Supreme Court of Canada, Matthews v. Ocean Nutrition Canada Ltd., the Court clarified the applicable test for limiting an employee’s bonus on their termination. The trial judge concluded that Ocean Nutrition had constructively dismissed Matthews, and that Matthews was entitled to pay in lieu of notice of a 15-month […]
In Bank of Montreal v. YanPing Li, the Federal Court of Appeal recently ruled that an employee who falls under the jurisdiction of the Canada Labour Code (the “Code”) may file an unjust dismissal complaint under section 240 of the Code, despite having reached a settlement with her former employer to pay her a lump […]
Ontario employers are well aware of the issues relating to poorly written termination clauses. Specifically, in Ontario employers who have termination clauses which are contrary to the Employment Standards Act, 2000, will be liable for common law notice if the employee is terminated without cause. There is little case law with respect to termination clauses […]
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