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 “Labour Pain.” To read more click here.
Employee has right to change mind about resignation: ONCA
Can an employee change her mind about resignation, if the impetus for such voluntary resignation ceases to be an issue, and the employee has not yet left employment?
Conscionability of release not appropriate for resolution by summary judgment
Is the issue of the “conscionability” of a full and final release, signed as part of a severance negotiation and purporting to release claims to long-term disability benefits, the kind of issue appropriate for resolution by way of summary judgment?
Frustration of contract can be resolved by summary judgment – Does not require a trial
Is a stated “desire” to return to work, at some point, and without more information, sufficient to rebut the medical evidence that a contract of employment has become legally frustrated?
Court of Appeal confirms it can be reasonable to refuse new employment if new position is not comparable to position lost
Is it reasonable for an employee, slated to lose his or her employment as a result of the sale of part of his or her company, to refuse an offer of new employment with the purchaser of the business?
Shareholders’ agreement all that matters for shareholder rights in wrongful dismissal analysis
What happens to an employee’s rights under a shareholders’ agreement if the employee is wrongfully dismissed?
Employee entitled to vacation pay on “discretionary” bonus
When is a “discretionary” bonus to be included in the statutory definition of “wages”?
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.
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?
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”?
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?
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.
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?
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?
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.”
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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Racialized, foreign-trained lawyer discriminated against during interview
Ageism is a big problem in the legal community. Bay Street firms and others are not interested in applicants' skills, knowledge, etc. unless they are... – Nov 16, 11:05 AM
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Believing women while remaining neutral: Conducting sexual harassment and sexual violence investigations in a post-#metoo world
Excellent article !! Right on point. So many times we encounter opinionated employer representatives or coworkers who address complaints from positions of bias. Bias that... – Oct 30, 12:07 AM
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