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Author Archive - Sean Bawden

Sean Bawden, is now a director of legal for a private company and blogging about work by an in-house lawyer which he calls “The House Work Blog.” To read more click here.

OLRB rules that when it comes to severance it’s Ontario-based operations alone

In his application, Mr. Hawkes sought review of the January 25, 2017 decision of an Employment Standards Officer (“ESO”), who determined that he was not entitled to severance pay pursuant to section 64 of the Act.

 

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Arbitrator orders nurse who was caught stealing narcotics to be reinstated

Is it a discriminatory practice and potential breach of the Ontario Human Right Code for a nursing home to prohibit nurses from stealing narcotics?

 

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The ONCA’s decision in the Uber case and the (il)legality of arbitration clauses in employment contracts

Will an arbitration clause in an independent contractor agreement always be found to be illegal, if, notwithstanding that to which the parties ostensibly agreed, the worker can later allege that he is, in fact, an “employee”?

 

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Simply complying with the ESA not enough to rebut common law presumption of entitlement to reasonable notice – ON Divisional Court

Is the sole requirement to rebut the common law presumption of termination only upon reasonable notice that the contractual termination clause comply with the ESA, or is something else required?

 

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Top five cases of importance to Ontario employment law – 2018 edition

2018 has been, compared to some other years, relatively quiet with respect to employment law jurisprudence. Sometimes that can be a good thing.

 

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Slate not wiped clean by release in context of share sale

Can an employee extinguish his statutory right to severance pay by way of a full and final release signed in the context of a share sale?

 

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ONSC judge would have ordered at least 36 months reasonable notice – If requested

What is the appropriate notice period for a 62 year-old, 37 years tenured Senior Vice President, who is terminated without cause and left without any comparable employment opportunities?

 

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No right to sue employer for sexual assault by co-worker: WSIAT

Can an employee sue her employer if she is the victim of sexual assault at work by a co-worker? The Ontario Workplace Safety and Insurance Appeals Tribunal says no once again, “not if the employee is entitled to WSIB benefits.”

 

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Choice of law provisions: Application of the Ontario Employment Standards Act to international employees

Can an employer and employee agree by contract that the laws of Ontario, Canada will apply to terms of their employment relationship, even if: (a) the employee works and is physically situated in in Los Angeles, California; and (b) the company is a New Jersey company with its head office in the State of Connecticut?

 

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Changing one’s mind about retirement

May an employee who has resigned her position of employment by way of a notice of retirement later rescind her written notice of retirement? If so, under what conditions may she do so?

 

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