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Author Archive - Matt Lalande

Matt Lalande is a lawyer at Micheal L. Lamont Personal Injury Law. Although Matt is specialized in representing those who have suffered harm by the wrongs of others. Matt has particular emphasis on wrongful death, personal injury and employment law. Matt has represented employers and employees within all facets of employment law and human rights law. Read more

Is working notice appropriate while an employee is medically incapable of working?

In the recent decision of McLeod v. 127448 Ontario Inc. the Court (once again) answered whether or not a Plaintiff, who was incapable of working when he received notice of termination, was entitled to damages representing a salary which he would have earned had he worked during his notice period.

 

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A primer on undue hardship and frustration of contract

This blog post provides a primer on the state of undue harship and frustration of contract under Ontario’s Human Rights Code.

 

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The law of just cause, revisited again

A few months ago I provided a contribution to this blog concerning an update on the law of just cause. I am doing so again with today’s blog, not for the fact that I am really interested in the law of just cause, but rather, judicial decisions that supported the defendant’s termination for just cause are quite uncommon and the factual circumstances are always quite interesting, such as in the newly released decision of Mykki Cavic v. Costco Wholesale Canada Limited.

 

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A quick primer on just cause termination

wheelchair

Every month I have the benefit of drafting a quick blog on great employment law topics. A case that I very recently read, which is probably the best employment case I have ever read, catalyzed my interest in drafting a quick primer on the law of just cause. In the case of Barton v. Rona Ontario Inc. (2012 ONSC 3809) the plaintiff Kerry Barton was an assistant store manager at Rona in Barrie. He managed approximately 140 employees. One of the employees was wheelchair bound…

 

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Not an employee? Not an independent contractor? How the courts define the hybrid

Increasingly, Canadian courts have recognized an in-between class of agents that are not technically employees or not technically independent contractors. Over the past few years, our courts have come up with a hybrid category of agents called “dependent contractors.” These are independent individuals who work so closely with employers, and whose relationship status with their “employer” is so sufficiently long-lasting, as to allow them entitlement for reasonable notice.

 

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The enforceability of termination provisions within contracts of employment

contract

The employment relationship is a contractual one whether or not a contract of employment was signed. Contracts can be express or implied contracts, i.e., you agree to work and I agree to pay you. Verbal bargains are nearly always upheld as long as those implied contracts are governed by particular employment standards and obligations established by the common law.

 

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Variables affecting length of notice: age

We know that there is no precise method to determine the common-law period of reasonable notice when terminating employees. What has evolved and has been the most quoted case to help with this is the infamous Bardal vs. Globe and Mail. This case tells us that reasonable notice must be decided with reference to each specific case, considering the character of employment, length of service of the servant, the age of the servant and the availability of similar employment, having regard to the experience, training and qualifications of the servant.

 

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An overview of damages within the context of employment law

A wrongful dismissal lawsuit can be a potential nightmare for companies no matter what size. Lawsuits carry with them complex claims that are often convoluted and difficult to understand for the non-legal specialist. This blog post will offer a brief overview of the parameters of some of the damages which can be claimed within the context of a wrongful dismissal lawsuit.

 

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Court again confirms no upper limit with damages for non-management and low-level workers

The case of Olivares v. Canac Kitchens (another in the long list of wrongful dismissal accounts against Canac Kitchens) arose from the termination of a 24-year employee. The employee was an uneducated shipping supervisor with poor English, who oversaw a team of loaders and coordinators. His salary was approximately $93,000, including overtime pay and benefits. He spent his entire Canadian working life with the company, communicating almost exclusively in Spanish. In May 2008, Canac Kitchens ceased its manufacturing operations and, as a result, Olivares was left looking for work…

 

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Employees that wish to withdraw resignations: what to do?

Employers should never accept resignations from employees that are upset. It simply casts a “wider net of possible financial exposure” if things turn nasty. In other words, judges or juries probably won’t sympathize with the issue of resignation acceptance if the employee is genuinely and legitimately upset (not because someone misplaced their red stapler).

 

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The sale of a business and some implications for employers and employees

Last month I was consulted by a woman with respect to a new employment agreement that she wanted reviewed. The employment opportunity presented to her was by a company that had purchased the software company she was currently employed with for the past 19 years. Her salary remained the same, as did the total of her bonus, although the bonus structure was altered to reflect seemingly unattainable goals. While the new bonus structure did in fact reflect the purchasing company’s exact bonus structure with all of its existing employees, this arrangement was originally her main concern.

 

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