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.

Non-consensual sharing of intimate images grounds for summary dismissal

February 18, 2020 Sean Bawden Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Privacy and Security, 0

Can sharing intimate photos of one your coworkers with your friends result in the summary dismissal of your employment for cause?

digital privacy, Dismissal, employment law, just cause, serious misconduct, sexual harassment, termination, workplace investigation

When worlds collide – The evolution of employment law principles in the termination of independent contractor relationships

January 20, 2020 Sean Bawden Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, 0

To my mind, what Barresi demonstrates is that the line between employment law principles and “independent contractor” commercial law principles continues to blur. As the nature of what it means to be “employed” continues to evolve, so too must the law.

breach of contract, contract law principles, employment contract, employment law, employment law principles, independent contractor, just cause dismissal, repudiation of the employment contract, termination

“Failsafe” language fails to save termination provision

December 16, 2019 Sean Bawden Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

If a contractual termination clause provides for “the greater of” ESA entitlements and a set amount, will the guarantee of “the greater of” act as a failsafe if the rest of the provision is contrary to the provisions of the ESA?

contractual termination provisions, employment law, greater benefit, statutory entitlements, Termination clause, termination of employment, termination provision, working notice

Employee has right to change mind about resignation: ONCA

November 19, 2019 Sean Bawden Employee Relations, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Training and Development, 0

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?

employment law, resignation, retirement, training, wrongful dismissal

Conscionability of release not appropriate for resolution by summary judgment

October 17, 2019 Sean Bawden Employee Relations, Human Resources, Payroll, Pensions and Benefits, 0

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?

Conscionability of release, employment law, long-term disability benefits, severance negotiation, short-term disability

Frustration of contract can be resolved by summary judgment – Does not require a trial

September 16, 2019 Sean Bawden Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, 0

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?

Disability benefits, employment law, frustration of contract, Long-term disability, short-term disability, wrongful dismissal

Court of Appeal confirms it can be reasonable to refuse new employment if new position is not comparable to position lost

August 19, 2019 Sean Bawden Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Wages and Compensation, 0

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?

comparable employment, employment law, mitigate damages, offer of new employment, wrongful dismissal

Shareholders’ agreement all that matters for shareholder rights in wrongful dismissal analysis

July 22, 2019 Sean Bawden Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, 1

What happens to an employee’s rights under a shareholders’ agreement if the employee is wrongfully dismissed?

employment law, reasonable notice period at common law, shareholder rights, shareholders’ agreement, termination, wrongful dismissal

Employee entitled to vacation pay on “discretionary” bonus

June 24, 2019 Sean Bawden Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation, 0

When is a “discretionary” bonus to be included in the statutory definition of “wages”?

Bonus entitlement on termination, Discretionary bonus, dismissal without cause, employment law, vacation pay

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

March 18, 2019 Sean Bawden Employee Relations, Employment/Labour Standards, Human Resources, International Payroll, Notice, Damages and Settlements, Payroll, Wages and Compensation, 0

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.

employment law, severance, termination and severance pay, termination pay

Arbitrator orders nurse who was caught stealing narcotics to be reinstated

February 20, 2019 Sean Bawden Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll

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

addiction in the workplace, discriminatory practice, duty to accommodate, employment law, prima facie discrimination, termination, termination with cause

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

January 30, 2019 Sean Bawden Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring

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”?

arbitration clause, employment contract, employment law, Heller v Uber Technologies Inc

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

January 28, 2019 Sean Bawden Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll

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?

employment law, reasonable notice, termination, Termination provisions, wrongful dismissal