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Jeff Dutton, Dutton Employment Law

By Jeff Dutton, Dutton Employment Law | 3 Minutes Read December 19, 2019

Top employment law cases of the 2010s

In order of appearance, from newest to oldest, here are the employment law cases that shaped Ontario and to some extent every jurisdiction in Canada in the 2010s:

Article by Jeff Dutton, Dutton Employment Law / Employee Relations, Employment Standards, Health and Safety, Human Rights, Payroll / bad faith in the employer's conduct, employment law, executive compensation, foreign arbitration clauses, incentive compensation plans, sexual assault and harassment, statutory termination pay, summary judgement, termination, Termination clause

By Jeff Dutton, Dutton Employment Law | 3 Minutes Read November 29, 2019

Stock rights are distinct from employment contract rights

It is the terms of an Equity Agreement, Shareholders’ Agreement or Stock Plan that determine employees’ rights with respect to shares. The common law relating to compensation for breaches of a contract of employment (i.e. reasonable notice) does not apply to shares where there is a distinct and separate agreement.

Article by Jeff Dutton, Dutton Employment Law / Employee Relations, Employment Standards, Payroll / employment agreement, employment contract, employment law, employment standards act, shareholders’ agreement, stock options

By Jeff Dutton, Dutton Employment Law | 3 Minutes Read October 25, 2019

Does an illegal ‘just cause’ clause void a legal ‘without cause’ clause in an employment agreement?

In Waksdale v. Swegon North America Inc., 2019 ONSC 5705 (CanLII), the Plaintiff signed an Employment Agreement that had a Termination Section that contained both a Termination Without Cause Clause and a Termination With Cause Clause. However, it is important to note that the Termination Without Cause Clause and the Termination With Cause Clause were in two distinct paragraphs separated from each other in the Termination Section. They were not mixed together in the same paragraph.

Article by Jeff Dutton, Dutton Employment Law / Employee Relations, Employment Standards, Payroll / termination with cause, termination without cause

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