In a recent decision, Leon v. Dealnet Capital Corp., 2021 ONSC 3636, the Ontario Superior Court determined whether or not an arbitration clause contained in an employment agreement was enforceable. For employers, inserting an arbitration clause into an employment agreement is a good tool to provide some certainty and, in most cases, an arbitration can […]
Previously, we provided an e-blast on the decision Coutinho v. Ocular Health Centre Ltd. 2021, ONSC 3076. In that case, the Superior Court determined that an employer placing an employee on the Infectious Disease Emergency Leave (“IDEL”), found in O. Reg. 228/20 made under the Ontario Employment Standards Act, 2000 (the “ESA”) amounted to a […]
In the decision United Nurses of Alberta v. Alberta Health Services, 2021 ABCA 194, the Alberta Court of Appeal reviewed the decision of Canada (Attorney General) v. Johnstone 2014 FCA 110, a Federal Court of Appeal decision which is the leading authority setting out the test for family status discrimination. The central issue in the […]
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 […]
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