First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

termination with cause

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Application dismissed: challenges in the workplace and performance management constitute credible non-discriminatory explanation for termination

In Yan v 30 Forensic Engineering Inc., 2022 HRTO 649, the Human Rights Tribunal of Ontario (the “Tribunal”) dismissed allegations of discrimination and harassment with respect to employment because of race, place of origin, sex, marital status, age, disability, and reprisal, contrary to the Human Rights Code, R.S.O. 1990, c.H. 19 (the “Code”).

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Separation of employment

Employment relationships may come to an end for several reasons. The reasons for the separation, and the type of dismissal that occurs, will impact an employer’s obligations to the terminated employee.

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Another termination clause void in the wake of Waksdale

Earlier this year, the Ontario Court of Appeal released its landmark decision in Waksdale v. Swegon North America Inc. This decision has now been relied on by the Ontario Superior Court of Justice to strike down another termination clause in Sewell v. Provincial Fruit Co. Limited.

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