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Requirement to Pay Severance Pay not Limited to Payroll in Ontario

Under the Ontario Employment Standards Act, S.O. 2000, c.41. (“ESA”), an employee with more than five (5) years of service and where the employer has a payroll in excess of 2.5 million dollars, that employee is entitled to severance pay upon termination from employment without cause.  An issue that often arises is how to calculate […]

Temporary Layoff During COVID-19 Results in Constructive Dismissal

The recently released decision of Coutinho v. Ocular Health Centre Ltd. 2021 ONSC 3076, may cause headaches for many employers within Ontario who have been required to layoff their employees due to COVID-19 restrictions. As a starting point, a constructive dismissal for common law purposes occurs in the circumstance where an employer unilaterally imposes a […]

Supreme Court refuses leave to Appeal from Swegon Decision

In our summer 2020 Newsletter, we reviewed a case from the Ontario Court of Appeal called Waksdale v. Swegon North America Inc.  As you may recall, the Court of Appeal determined that notwithstanding the validity of the “without cause” provision in an employment agreement, that because the “with cause” provision was contrary to the Employment […]