Author Archive - Vey Willetts LLP

Vey Willetts LLP is an Ottawa-based workplace law firm, serving individuals and employers across Eastern Ontario. They recognize that operating a business is complex and maintaining an efficient and legally-compliant workplace is a continuous challenge. The firm helps simplify legal workplace obligations so that employers can focus on what matters: their business. Learn more about Vey Willetts LLP by contacting Andrew Vey, or Paul Willetts or by visiting the firm’s website. Read more.

Is the termination clause in my employment agreement enforceable?

November 21, 2019 Vey Willetts LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation, 0

In this article, we consider some of the circumstances that can result in a termination clause being found unenforceable.

benefits continuation, dismissal for cause, employment agreement, employment contract, employment law, fresh consideration, severance, Termination clause, termination without cause

Employer ordered to pay $120,000.00 for discriminatory hiring practices

October 18, 2019 Vey Willetts LLP Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, 0

The Human Rights Tribunal of Ontario has decided on a case concerning discriminatory hiring practices. In Haseeb v. Imperial Oil, Imperial Oil’s policy of requiring all project engineer job applicants to hold either Canadian citizenship or permanent residency in order to be eligible for employment.

discrimination on basis of citizenship, discriminatory hiring practices, employment law, Haseeb v Imperial Oil, Imperial Oil, permanence requirement, postgraduate work permit, residency status

Q&A: Frustration of employment

September 20, 2019 Vey Willetts LLP Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, 0

Q&A is a recurring series on the Vey Willetts LLP blog. The aim is to provide quick answers to questions we commonly encounter in our day-to-day practice of employment law. In this edition, we focus on “frustration of employment.”

employment law, frustration of employment contract, Severance pay, statutory termination, statutory termination and severance pay, undue hardship

Fixed-term contract costs employer $1.2 million in severance

August 16, 2019 Vey Willetts LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, 0

Beware the fixed-term employment contract. That should be every employer’s mantra following the recent decision of the Ontario Superior Court in McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), 2019 ONSC 4108 (“McGuinty”).

constructive dismissal, employment agreement, employment law, fixed-term contract, Terminating a fixed-term contract early

Labour arbitrator grants interim protection for complainant of workplace sexual harassment

July 15, 2019 Vey Willetts LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, 0

Since the onset of the #metoo movement, Canadian society has been paying attention to (and grappling with the consequences of) sexual harassment to a previously unprecedented degree. This increased focused is long overdue.

#metoo, employment law, sexual harassment complaints, workplace sexual harassment, wrongful dismissal

Top five things to consider when dismissing an employee

June 17, 2019 Vey Willetts LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

The decision to terminate an individual’s employment is not an easy one. At times, however, whether due to economic pressures, or poor performance, it may nevertheless be necessary.

Dismissal, employment law, termiantion, termination, terminations

Tips on the right way to hire employees in Ontario

May 15, 2019 Vey Willetts LLP Employee Relations, Human Resources, Recruiting and Hiring, 0

Hiring a new worker can be exciting. Presumably, by the time you make the job offer, something about the candidate has impressed you and suggested this person is the one for the job.

employment law, job interview, recruiting, restrictive covenants

Arbitrator reinstates locomotive engineer fired for drinking whiskey on the job

April 15, 2019 Vey Willetts LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, 0

The fact that the Arbitrator in this case ordered reinstatement is an important reminder that employers must, at all times, ensure that they satisfy their procedural and substantive obligation to reasonably accommodate a disability, even where discipline may seem appropriate.

accommodating alcoholism, dismissing an employee for just cause, human rights, reasonably accommodate a disability, termination of employment, violation of the Criminal Code

Ontario superior court confirms that frustration of contract is a two-way street

March 15, 2019 Vey Willetts LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

The legal doctrine of frustration of contract is well known to employment lawyers but its application is not all that intuitive to the average employer or employee.

Dismissal, employment law, frustration of contract, termination of employment

Termination clause update: New developments concerning benefit continuation and just cause language

February 15, 2019 Vey Willetts LLP Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation, 0

We are not long into 2019 and yet one thing already seems clear – the law concerning employment contract termination clauses will continue to be the focus of a great deal of litigation in Ontario. In just the past few months alone, new decisions from the Superior Court have helped to advance the law and provide further guidance to employers on proper drafting of termination clauses.

benefits continuation, common law entitlement, employment contracts, employment law, just cause, reasonable notice of employment termination, wilful misconduct

Off-Key? The Boston Symphony and gender-based equality in pay

January 18, 2019 Vey Willetts LLP Employment/Labour Standards, Human Resources, Human Rights, Payroll, Wages and Compensation, 0

The size of an employee’s salary is often seen as an indicator of importance within an organization. Thus, when women are paid less than their male counterparts for performing similar work, it suggests that their efforts are somehow of lesser value.

employment law, gender discrimination, gender-based equality in pay, human rights, wage disparity

Wrongful dismissal in Ontario: how do we calculate the value of lost benefits?

December 14, 2018 Vey Willetts LLP Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation, 0

When an employee is fired and not given sufficient notice, a common point of dispute becomes how to properly calculate the lost value of non-monetary benefits.

employment law, lost benefits, non-monetary benefits, pay in lieu of notice, Pensions and Benefits, severance

Hold the applause: Clapping banned to reduce individual anxiety

November 16, 2018 Vey Willetts LLP Employee Relations, HR Policies and Procedures, Human Resources, Human Rights

A request for accommodation of alleged employee anxiety triggered by clapping should be treated in the same way as any other disability-related request for accommodation, that is, the employer must establish that there is in fact a disability triggering a duty to accommodate, and engage in a meaningful way to provide reasonable accommodation of the disability in question up to the point of undue hardship.

accommodation, anti-harassment and anti-discrimination policies, anxiety, employment law

Just cause for dismissal: context is key

October 15, 2018 Vey Willetts LLP Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll

Determining what conduct amounts to just cause for dismissal is no easy task. In part this is due to just cause being inherently situation specific. When describing what may constitute just cause, employment lawyers often refer to extreme examples: think of situations where a public-facing employee makes repeated racial slurs to a customer or commits […]

drunk driving, employment law, just cause for dismissal, privacy, safety at work, termination