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Category Archives: Dismissals

How to Enforce Your Employment Rights & What Happens if There is Reprisal

The majority of employees in this province are subject to employment laws such as the Employment Standards Act, 2000 (the “ESA”), the Ontario Human Rights Code (the “Code”), and the Occupational Health and Safety Act (the “OHSA”) which have enshrined various rights of employees, and obligations of employers.  Some of the employment law rights and duties which repeatedly come up […]


Reading the Fine Print

Imagine the scene: one day, just like any other, you’re sitting at your desk planning to pack up and head home soon when you are unexpectedly called into a meeting in the boardroom. You enter the boardroom to find your manager and the head of Human Resources sitting around the table. You’ve been around long enough to know what’s happening, […]


Latest Chapter In Employment Law: Potentially Dramatic Changes To Employment Legislation And Another Court Of Appeal Decision On Termination Clauses

In this edition of The Latest Chapter, we discuss the Changing Workplaces Review, which could trigger the most significant reforms to Ontario’s employment and labour law statutes in decades. We also note the Ontario Court of Appeal’s latest decision in Wood v Deeley, which could significantly impact how employment agreements and termination provisions are drafted and enforced in Ontario. The […]


Google Hangout: Assessing Notice Periods and Severance Obligations

When it comes to dismissals, there is no shortage of questions. How much “severance” are you entitled to? Can the employer provide working notice? Is the employee entitled to anything more than the applicable employment standards legislation? What is “just cause” for dismissal? What is the difference between “termination pay”, “severance pay”, “reasonable notice”, and “severance”? Is there a difference […]


Clearing Up Common Misconceptions About Termination and Severance Pay

There continues to be a plethora of myths and misconceptions when it comes to the termination of the employment relationship. We are asked the same questions time and time again, including: Can an employer make a dismissed employee work through the notice period? Is a dismissed employee entitled to a lump sum? What happens if a dismissed employee finds new […]


Wood v Deeley: Court of Appeal Strikes Down Termination Clause

The ongoing saga of judicial  interpretation of termination clauses continues: yesterday, the Ontario Court of Appeal released its long-awaited ruling in Wood v Deeley. The Court overturned the lower court decision and struck out the clause in question. The outcome has the potential to have a wide-ranging impact on how employment agreements and termination provisions are drafted and enforced in Ontario. […]


HRPA Hamilton: Managing Off-duty Conduct

Rudner MacDonald Associate Cody Yorke presents to HRPA Hamilton on managing off-duty conduct.   HRPA Hamilton: Managing Off-duty Conduct from RudnerMacDonaldLLP Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Facebook (Opens in new window)Click to email this to a friend (Opens in new window)


The Latest Chapter in Employment Law: The Duty of Good Faith in Employment Contracts

In 2015, the decision in Styles v Alberta Investment Management Corporation made waves in the employment bar by granting an employee substantial damages for the value of bonuses payable under the employer’s Long-Term Incentive Plan (the “LTIP”), even though the employee did not appear to meet the eligibility criteria for payment set out in the LTIP. This award was based […]


Sixteen Forged Medical Notes

As I discuss in a recent Canadian HR Law blog post, even though I consistently remind clients and anyone else who will listen that summary dismissal is never “simple,” people often challenge me with cases that they portray as a “slam dunk.” The most common refrain is “Surely, if I catch an employee stealing, that is just cause for dismissal […]


Employment Contracts & Termination Clauses: Don’t Forget to Consider Consideration

Our recent Canadian HR Law blog post discusses the topic of termination clauses. Our firm has written multiple times on the ever-complicated, ever-changing, and certainly unpredictable realm of case law surrounding termination clauses in employment contracts. Regular readers will recall several cases such as Garreton and the initial trial court decision in Oudin, where clauses have been struck down due […]


Top 10 Employment Law Developments of 2016

One might think that by the year 2017, employment law would be settled and there would be few, if any, issues that are unpredictable or where the law is “open to interpretation”. That would be wishful thinking; 2016 included its share of new developments, surprising court decisions, and significant legislative developments. The reality is that as social attitudes evolve, the […]



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