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.

Ontario Government Seeks Input on ESA Exemptions

October 27, 2017|

The Ontario government has recently solicited input regarding various exemptions under the Employment Standards Act, 2000 (“ESA”) (Ontario Seeking Input on Employment and Labour Law Rules).  This is part of the Wynn government’s Ontario's plan for Fair Workplaces and Better Jobs and is in response to recommendations made by the Special Advisors in their 419-page Changing Workplaces Review final report. The first phase of the consultation process will focus on the following occupations: Architects [...]

Fall 2017 Newsletter

October 20, 2017|

Here is the Fitzgibbon Workplace Law Fall 2017 Newsletter

Employment Contracts – You Win Some You Lose Some

October 18, 2017|

A fairly recent case from the Ontario Superior Court of Justice provides some needed confirmation that, when properly drafted, courts will indeed enforce a termination contract in a written contract of employment.  The case is Farah v EODC Inc., 2017 ONSC 3948 (CanLII).  The employee signed a series of employment contracts each containing a termination clause that sought to displace the common law presumption of reasonable notice of termination. In the Spring of 2015, EODC [...]

Sale of a Business and Intermingling under the Labour Relations Act, 1995

August 5, 2017|

The Ontario Labour Relations Board (“OLRB”) considered the sale of a business provisions in the Labour Relations Act, 1995 in ADT Security Services Canada, Inc. v Unifor Local 554, 2017 CanLII 4481 (ON LRB).  ADT (a unionized company) purchased a Protectron (a non-unionized company) and, although initially operating as distinct companies, over time, intermingled the operations and employees.  According to the OLRB: The Intermingled unit is comprised of twenty (20) individuals who were formerly Protectron employees and [...]

Enforceability of Employment Contracts a Comprehensive Case

August 4, 2017|

Please take some time to make your way through Cook v. Hatch Ltd., 2017 ONSC 47.  It’s a well reasoned and thoughtful decision that injects some common sense into the enforceability of contractual termination clause discussion. The employment relationship is contractual and the task of the court is to determine the intentions of the parties and to put these into effect.  Yet courts have, in many cases, taken a technical approach to employment contract interpretation that [...]

Bonus Eligibility Tied to Active Employment

August 2, 2017|

The Ontario Court of Appeal released a decision in Paquette v. TeraGo Networks Inc., 2016 ONCA 618 (CanLII) that should have employers pulling out and reviewing their incentive plans, including bonus, STIP, LTIP, stock options and whatever else is contingent upon “active employment”. The Ontario Court of Appeal reviewed a range of important employment law issues in Paquette. This was an appeal by Paquette of a summary judgment that denied him certain bonus [...]

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