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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.
Another Contractual Termination Clause Goes Down in Flames
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
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
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
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 [...]
Fitzgibbon Workplace Law, May 2018, Legal Alert
Here is the Fitzgibbon Workplace Law, May 2018, Legal Alert that reviews labour and employment developments over the past 30 days (give or take) and contains the following articles: Reasonable Notice, Benefits and Bonuses at Common Law Terminating the Long Service, Older Worker Request for a List of Employees by an Organizing Trade Union Justice Delayed is Justice Denied? Or the Harsh Consequences of Missing a Filing Deadline Can a Union Intimidate and Coerce [...]
How Does HR Work with their Lawyers?
I was reading an article over the weekend from the June 17, 2013 issue of Canadian HR Reporter entitled HR, Lawyers Work Hand in Hand. The headline provided “1 in 4 HR pros consider legal team a strategic partner”. For my part I don't equate 1/4 as being "hand in hand". While I recognize that the article is dated, and the numbers may not be accurate, I suspect that they're pretty close. In [...]