contract law

Can an employee take back a resignation even if the employer accepted it?

July 26, 2019 Jeff Dutton, Dutton Employment Law Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

Writing for the Ontario Court of Appeal in Kieran (2004), Justice Lang stated that, where an employee has resigned, he may resile from the resignation if the employer has not detrimentally relied upon it.

contract law, employment contract, employment law, right to resign, wrongful termination

Changing one’s mind about retirement

September 25, 2018 Sean Bawden Employee Relations, Employment/Labour Standards, Human Resources

May an employee who has resigned her position of employment by way of a notice of retirement later rescind her written notice of retirement? If so, under what conditions may she do so?

contract law, Dismissal, employment law, resignation, retirement, termination

“Give me a raise or i’ll quit”: Has the employee resigned?

February 9, 2015 Alison J. Bird Corporate Immigration, Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

It can be surprisingly difficult for an employer to rely on statements such as “I quit” to establish that an employee resigned, particularly if the employee later indicates that they want to return to work. Courts require proof of a clear intention to resign in order to find that an employee terminated their employment. While the statement “I quit” may seem clear, courts will inquire into the circumstances in which the statement was made in order to determine whether the employee actually resigned.

contract law, employment contract, employment law, Give me a raise or i’ll quit, Job offer, Kerr v Valley Volkswagen, objective intention to resign, resignation, retracted offer to resign, Return to work, terminate the employment relationship, wrongful dismissal action

Non-disclosure clauses in human rights settlements: Understand them before you sign on the dotted line

May 28, 2014 Kevin Sambrano, Sambrano Legal Services HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll

At the Human Rights Tribunal of Ontario (the “Tribunal”), a settlement is sometimes reached without having to resort to a hearing. If so, parties will sign a “Minutes of Settlement” agreement, which will almost always contain a non-disclosure clause outlining what can be said, if anything, in regard to the settlement. In the event that a party breaches the non-disclosure agreement, they may find themselves returning to the Tribunal sooner than expected.

2011 HRTO 106, 2012 HRTO 1939, 4137566 Canada v. Clements, breach of confidentiality, Breach of confidentiality clauses, breaches the non-disclosure agreement, Canadian Tire, contract law, discrimination, employment law, employment relationship, HR issues, human rights settlements, Human Rights Tribunal Ontario, Kevin Sambrano, Minutes of Settlement agreement, Non-disclosure clauses, non-disclosures, settlement agreements, Tremblay v. 1168531 Ontario Inc.

Slaw: Court limits liability for mental suffering

July 7, 2010 Yosie Saint-Cyr, LL.B. Managing Editor Employment/Labour Standards, Human Resources

In December 2008, the Ontario Superior Court of Justice awarded Marta Piresferreira, a former employee of Bell Mobility Inc., more than $500,000 in damages arising from an assault at the hands of her supervisor. The Court found the company and supervisor jointly liable for Piresferreira’s damages. Then in May of this year, the Court of Appeal reversed the lower court decision.

constructive dismissal, contract law, damages, emotional distress, employment contract, employment law, in the course of employment, law of tort, negligent infliction of mental suffering, ontario, Piresferreira v. Ayotte, termination, tort, wrongful dismissal