Fixed term contracts strike again
The Ontario Superior Court of Justice has recently provided another cautionary tale for employers: Tarras v. The Municipal Infrastructure Group Ltd., 2022 ONSC 4522.
termination for cause
If the employer alleges just cause but fails to prove it, can they then rely on the not for cause clause?
In Humphrey v Mene (2021 ONSC 2539), the Employer first alleged just cause but withdrew the allegation before trial. The court found that the Employer had so mistreated the Plaintiff that their behaviour disentitled the Defendant from relying upon the Without Cause Termination Clause.
When is a job considered abandoned?
With Ontario expected to lift the state-of-emergency shortly and the resumption of non-essential business operations, employers may begin to consider recalling employees who have been temporarily laid-off or placed on a deemed job-protected leave.
