August 14

What’s in a Name? A Probationary Clause by Any Other Name is…. ,Toronto Employment Lawyer

Call us for a FREE 30 minute phone consultation at 416-907-9249 or submit a callback request … still a probationary clause, even if it does not include specific terms and entitlements of the probationary period. In several recent decisions, Canadian Courts have upheld probationary clauses that are included in an employment contract regardless of their.

August 8

Lalonde v. Sena Solid Waste Holdings Inc.: Terminated on “Allegations of Cause”, Toronto Employment Lawyer

Call us for a FREE 30 minute phone consultation at 416-907-9249 or submit a callback request Employee awarded damages due to frivolous allegations of cause by employer.  Termination of employment is (usually) a very difficult event for an employee; even more so when allegations of cause are involved. This blog post will address the issue.

July 28

Mario Mottillo v. O.E. Canada Inc et al: Independent Legal Advice – Important, but Not Fatal to a Contract, Toronto Employment Lawyer

Call us for a FREE 30 minute phone consultation at 416-907-9249 or submit a callback request Independent legal advice (“ILA”) is one of the best ways to protect your interests before entering new agreements. Contracts in any area of law can get complicated quickly, especially in an employment context. With an imbalance of bargaining power.

July 25

Brake v. PJ-M2R Restaurant: Court of Appeal Clarifies the Law on Mitigation, Toronto Employment Lawyer

  Call us for a FREE 30 minute phone consultation at 416-907-9249 or submit a callback request It is a commonly held employment law principle that, during the period of reasonable notice in a wrongful dismissal case, employees have a corresponding duty to mitigate their damages. Employees are expected to make reasonable efforts to find.

July 14

Carroll v. Purcee Industrial Controls Ltd: What happens to Commissions when Terminated, Toronto Employment Lawyer

Call us for a FREE 30 minute phone consultation at 416-907-9249 or submit a callback request If you work in a position where you are entitled to receive commission in your remuneration package, your commissions are not entirely lost, according to the case of Carroll v. Purcee Industrial Controls Ltd. 2017 ABQB 211. This case.

July 6

Papp v. Stokes: Protection after Termination – Reference Your References in a Settlement, Toronto Employment Lawyer

Call us for a FREE 30 minute phone consultation at 416-907-9249 or submit a callback request In searching for new employees, employers often want to assess the ‘fit’ of any employee: will the person mesh well with others within the current workplace environment? It is difficult for employers to fully assess an employee’s fit with.

June 30

Contreras v. Canac Kitchens: Do Wrongful Dismissal Damages & Disability Benefits Cancel Each Other Out?, Toronto Employment Lawyer

Call us for a FREE 30 minute phone consultation at 416-907-9249 or submit a callback request An interesting question is whether a worker can claim both wrongful dismissal damages (pay in lieu of notice) and disability benefits at the same time. This issue has been addressed by the Courts. In Contreras v Canac Kitchens, 2010.

June 12

Tim Ludwig Professional Corporation v. BDO Canada LLP: Partner Terminated Early Receives Income Bridging Until Retirement Age, Toronto Employment Lawyer

Call us for a FREE 30 minute phone consultation at 416-907-9249 or submit a callback request It is well established in Ontario that wrongfully dismissed employees may be wrongful dismissal damages, and that those damages are based on a ‘reasonable notice’ period.  But how, if at all, are such damages applied when the individual is.

June 6

United Rentals of Canada Inc. v. Brooks: Non-Competition Clause Found Invalid, Toronto Employment Lawyer

Call us for a FREE 30 minute phone consultation at 416-907-9249 or submit a callback request Non-competition clauses are designed to prevent a departing employee from competing with their former employer. Typically, they are drafted to restrict competition for a specific amount of time within a specific geographic area. Courts take the strictest approach with.

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