summary judgment

Putting on the brakes: The limits of the common employer doctrine

June 10, 2016 Stringer LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Source Deductions and Reporting, Union Relations, Wages and Compensation

One of the more deceptively complex questions in some cases can be: Who is the employer?

common employer doctrine, corporate vehicles, Directors and officers, employment law liability, holding companies, organizational charts, summary judgment, T4s and ROEs, wrongful dismissal

Severance limiting clauses CAN work especially in employment agreements

February 2, 2016 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Wages and Compensation

A recent Ontario Superior Court decision reinforces some basic principles previously discussed on this Blog (and unfortunately often missed or forgotten by employers). In Asgari v 975866 Ontario Ltd, a motion for summary judgment was decided in the Plaintiff’s favour. One issue was whether a clause, purporting to limit the Plaintiff’s pay in lieu of notice entitlements to the statutory minimum, was enforceable.

employee handbook, employment agreements, employment law, employment standards act, offer of employment, pay in lieu of notice entitlements, properly drafted severance clause, summary judgment, termination, terminations

Terminated: (Summary) judgment day

December 15, 2015 Vey Willetts LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Wages and Compensation

When the T-1000 came from the future to destroy John Connor, Arnie made sure he was stopped in his tracks. While employers who have to date relied upon prohibitive time and costs to deter ex-employee claims might not face the wrath that Skynet did, given the recent decision of Cloutier v. Q Residential LP Corp (Cloutier), 2015 ONSC 4431 (CanLII), a rethinking of such approaches may be required.

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Employers must “trust” employees to account for mitigation earnings during notice period

November 3, 2015 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

A typical wrongful dismissal case (where cause is not an issue) generally involves two legal issues. First, how much reasonable notice of termination (or pay in lieu) should the employee have received based on the employee’s age, length of service, position, compensation and the availability of comparable employment. Second, did the employee mitigate his/her damages by finding alternative employment or failing to make reasonable efforts to do so during the notice period? Notably, a judge can decrease the notice period based on the employee’s unreasonable mitigation efforts.

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Alleged breach of settlement agreement

October 2, 2015 Rudner Law, Employment / HR Law & Mediation Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

It happens every now and then: the parties to a wrongful dismissal dispute agree to resolve their differences, typically with the employer agreeing to pay the employee a certain amount of compensation, and the employer subsequently learns that the employee is working for a competitor. Typically, they will react out of anger, immediately stopping all payments pursuant to the settlement. Can they do so?

amount of compensation, breach of settlement agreement, employee is working for a competitor, employment law, Mediation, non-competition covenant, restrictive covenant, settlement agreement, summary judgment, wrongful dismissal

The top 10 employment law stories of 2014

January 15, 2015 Doug MacLeod, MacLeod Law Firm Accessibility Standards, Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Training and Development, Union Relations, Wages and Compensation

Here is a list of 10 cases that changed the employment law landscape in 2014.

Accessibility for Ontarians with Disabilities Act, AODA, constructive dismissal, damage award against Walmart, employee’s childcare obligations, employment law, Family Status Accommodation, isability c, mandatory health and safety training, mental disabilities, Mental illness, Multi-Year Accessibility Plan, physical disabilities, Policy on preventing discrimination, sexual harassment, summary judgment, unpaid leaves, Workplace Safety & Insurance Act, Workplace Safety & Insurance Appeals Tribunal, wrongful dismissal

Summary judgment motion may help circumvent the litigation process in some cases

August 1, 2014 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll

Wrongful dismissal claims are the bread and butter of employment lawyers. We deal with a wide variety of issues, from complex litigation involving harassment and discrimination to proactive work like drafting contracts and policy manuals. However, many clients come to us because they need to pursue or defend a claim that, at its core, is focussed on the amount of notice or dismissal, or pay in lieu thereof, that the former employee is entitled to.

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Wrongful dismissal law: Summary judgment motions – the way of the future

July 11, 2014 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

Since the Supreme Court of Canada’s decision earlier this year in Hryniak v. Mauldin 2014 SCC 7 (CanLII) more and more employees are bringing summary judgment motions to resolve their wrongful dismissal cases.

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Contracting out of the Ontario Employment Standards Act

April 16, 2014 Earl Altman Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

The Employment Standards Act in Ontario is legislation designed to protect the rights of all workers in the province. Under section 3, the Act specifies that it applied to any employee in the Province of Ontario, or any employee who is performing work outside of Ontario that is “…continuance of work performed in Ontario.” The Act contains numerous protections for Ontario employees, such as limiting the maximum hours of work in a week, providing an entitlement to overtime pay, and creating entitlements such as parental leave, vacation and personal leave. The Act also provides for the employee’s rights in the event of a termination of employment. Many employers have perceived these entitlements as onerous in some circumstances. In order to attempt to avoid such payments, or other obligations under the Act, employers have sought to have employees sign contracts containing provisions which purport to surrender the employee’s rights under the Act. This is generally referred to as “contracting out”.

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Supreme Court of Canada overturns test regarding summary judgments – Takeaway for employers

February 26, 2014 Christina Catenacci Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll

On January 23, 2014 the Supreme Court of Canada released its decision in Hryniak v. Mauldin, overturning the Ontario Court of Appeal’s test for the appropriateness of summary judgments (Rule 20 of the Ontario Rules of Civil Procedure, and replacing it with a broader test aimed at increasing access to justice throughout Canada. More specifically, the court confirmed that summary judgment rules must be interpreted broadly, favouring proportionality and fair access to the affordable, timely and just adjudication of claims. What does this mean for employment law?

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Another reason why an employment contract should contain a termination clause

October 9, 2013 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation

Just like pre-nuptial agreements, employers should contemplate termination when their employment contracts are drafted. A recent case illustrates why it is important to include a legally enforceable termination clause in an employment contract for all employees.

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