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Ontario Court of Appeal

By Doug MacLeod, MacLeod Law Firm | 2 Minutes Read October 13, 2020

Ontario judge delivers devastating blow to employers — Termination clause

Earlier this year, the Ontario Court of Appeal in Waksdale v Swegon North America Inc. struck down a termination clause. This was not groundbreaking as this court has struck down a number of termination clauses in recent years.

Article by Doug MacLeod, MacLeod Law Firm / Employee Relations, Employment Standards / employment contract, ESA termination clause, Ontario Court of Appeal, Sewell v Provincial Fruit Co Limited, Supreme Court of Canada, termination, Termination clause, termination for cause, Termination provisions, Waksdale v Swegon North America Inc

By Rudner Law, Employment / HR Law & Mediation | 4 Minutes Read September 1, 2017

Update on probationary clauses from Ontario Court of Appeal

Recently, the Ontario Court of Appeal affirmed that the probationary clause, which provided, simply, “Probation...six months”, was enforceable, and that the employee was not entitled to anything more than the one week of pay in lieu of notice of dismissal pursuant to the Ontario Employment Standards Act, 2000 (“ESA”).

Article by Rudner Law, Employment / HR Law & Mediation / Employee Relations, Employment Standards, Payroll, Union Relations / common law entitlement, common law reasonable notice, employment agreement, employment law, employment relationship, employment standards act, entitlements on termination, Ontario Court of Appeal, pay in lieu of notice, probationary clause, probationary clauses, probationary employee, probationary period, reasonable notice

By De Bousquet PC Barristers and Solicitors | 1 Minute Read July 31, 2017

$85,000.00 human rights award against employer in sexual harassment case upheld on appeal

In a recent case titled Doyle v. Zochem Inc., the Ontario Court of Appeal upheld a decision to award both moral damages and damages pursuant to the Human Rights Code without subtracting one from the other. This case serves as an example of how serious our Canadian Courts are now treating sexual harassment in the workplace.

Article by De Bousquet PC Barristers and Solicitors / Employee Relations, Employment Standards, Health and Safety, Human Rights, Payroll / damage awards for sexual harassment, double dipping, Doyle v. Zochem Inc, employee relations, employment law, human rights, human rights code, human rights damages, moral damages, Ontario Court of Appeal, sexual harassment

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