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 […]
We previously wrote a blog article with respect to the decision of the Ontario Superior Court striking down a termination clause under the Canada Labour Code R.S.C., 1985, c. L-2. (the “Code”). The Code applies to federal works and undertakings, such as banks and shipping companies. In Sanghvi v. Norvic Shipping North America Inc., the […]
In a February 9, 2021 decision, Iriotakis v. Peninsula Employment Services Limited, the Ontario Superior Court of Justice considered the impact of the pandemic on a reasonable notice period. The employee was terminated without cause on March 25, 2020 from his position as the Business Development Manager. The position was a sales position. He earned […]
The new program will be called the COVID-19 Worker Income Protection Benefit. The program will be retroactive to April 19, 2021 and effective until September 25, 2021. Section 50.1 of the ESA has been amended on April 29, 2021 to include the program, under the COVID-19 Putting Workers First Act, 2021. The program will require […]
In the decision Young v O-I Canada Corp 2020 HRTO 879, an employee brought an application to the Ontario Human Rights Tribunal alleging discrimination with respect to sex, including sexual harassment. The employee, David Young, was a Millwright Maintenance Mechanic, who had a relationship at the plant with another employee (“L.C.”). The relationship ended, and […]
In the recent decision, Garda Security Screening Inc. v IAM, District 140 (Shoker Grievance) [2020] 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 […]
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 […]