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Rudner Law, Employment / HR Law & Mediation

By Rudner Law, Employment / HR Law & Mediation | 3 Minutes Read July 14, 2020

Invalid for cause termination provision voids entire termination clause

Employers across Ontario are double-checking their contracts since the Ontario Court of Appeal released its judgment in Waksdale v Swegon North America Inc., earlier this month. The court held that if an Employment Agreement contains a termination-with-cause provision that breaches the Employment Standards Act, 2000 (ESA), the termination-without-cause provision will be rendered unenforceable as well. This is true even if the employer was not relying on the for cause section and had proceeded on a without cause basis. Even a severability clause cannot save a provision in this context.

Article by Rudner Law, Employment / HR Law & Mediation / Employee Relations, Payroll / employment contract, employment law, Termination clause, termination for cause Leave a Comment

By Rudner Law, Employment / HR Law & Mediation | 4 Minutes Read June 5, 2020

When is two year wrongful dismissal limitation period enough?

In the recent case of Sosnowsk v. MacEwen Petroleum Inc., the Ontario Court of Appeal confirmed that there must be exceptional factual circumstances in order to extend the deadline for commencing a wrongful dismissal claim.

Article by Rudner Law, Employment / HR Law & Mediation / Employee Relations, Employment Standards, Payroll / employment law, Limitations Act, statute of limitations, termination, wrongful dismissal Leave a Comment

By Rudner Law, Employment / HR Law & Mediation | 12 Minutes Read May 4, 2020

COVID-19 fact sheet regarding government support for employees

The purpose of this post is to address some of the frequently asked questions we have received from employees in the face of the COVID-19 pandemic relating to government support, including Canada Emergency Response Benefit, Employment Insurance, and Canada Emergency Wage Subsidy.

Article by Rudner Law, Employment / HR Law & Mediation / Employee Relations, Employment Standards, Health and Safety, Payroll / accommodation, Canada Emergency Response Benefit CERB, Canada Emergency Wage Subsidy, CEWS, constructive dismissal, COVID-19, Employment Insurance, independent contractor, Payroll, personal protective equipment, record of employment, right to refuse work, temporary layoff, workplace safety Leave a Comment

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