Journal 2017-08-18T13:42:59+00:00

Journal

Otherwise known as
Michael’s soapbox

Keeping abreast of legal developments is a fundamental responsibility of any professional. This Journal will share information and thoughts on a broad range of workplace issues and developments.

Calling the Opposing Party as a Witness at the OLRB

August 10, 2018|

I read an interesting procedural case decided by Graham Clarke called Commonwealth Plywood Co. Ltd. v Rancourt, 2018 CanLII 72583 (ON LRB) that considered "whether the rules of natural justice permit an employer to call the respondent employee as its first witness and then proceed to cross-examine him."   I would have thought the answer is, sure, you can call whoever you want as a witness (though, obviously, calling the opposing party takes some, well, putting [...]

The Dangers of Email – A Timely Reminder

May 28, 2018|

Sitting on my deck early Saturday morning with a coffee and the days edition of the The New York Times I, eventually, made my way to the “New York” section and an article entitled As Emails Reveal His Grievances and Grudges, de Blasio Doubles Down.  The article discusses the release of more than 4,200 pages of emails, after a long court battle.  The release includedemail between members of the administration and the Mayor [...]

Another Contractual Termination Clause Goes Down in Flames

May 25, 2018|

Another month another contractual termination clause goes under the judicial microscope and is found to be unenforceable.  The case is Andros v. Colliers Macaulay Nicolls Inc., 2018 ONSC 1256 (CanLII) decided on May 9, 2018.  Paragraph 4 of the employment agreement entered into between Andros and Colliers provided: 4.  The Company may terminate the employment of the Managing Director by providing the Managing Director the greater of the Managing Director’s entitlement pursuant to [...]

Unfettered Right to Terminate a Fixed Term Contract Requires Good Faith and No Mitigation

May 23, 2018|

The Ontario Court of Appeal released Mohamed v. Information Systems Architects Inc., 2018 ONCA 428 (CanLII) on May 7, 2018.  This case involved the termination of a fixed term contract.  The plaintiff (respondent) was engaged as an independent contractor from November 2, 2015 through to an anticipated end date of May 31, 2016.  The respondent was assigned to work at Canadian Tire.  There was a term in the contract between Canadian Tire and [...]

Just Cause and the Long Service Employee

May 17, 2018|

The Ontario Superior Court of Justice considered whether the employer had just cause for terminating senior service technician with 25 years service for making a sexually explicit gesture behind a female customer's back.  The case is Cuconato v. Parker Auto Care Ltd., 2018 ONSC 2803 (CanLII) decided on May 3, 2018. The plaintiff was called into his managers office and advised that he’d been seen making a gesture of a sexual nature behind [...]

Unreasonable Expectations and the Death of a Mediated Settlement

May 9, 2018|

As a mediator in labour and employment matters, I can tell you that a big part of getting a deal involves keeping the parties grounded in the realm of the reality of a negotiated settlement.  Although it’s difficult to put your finger on one reason why cases settle, I think we can say with a pretty high degree of certainty that the most significant reason cases that should settle don’t is because one [...]

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