Happy New Year! As we move in to 2024, we’ve highlighted below some important legal decisions in employment law last year: Giving Consideration to Oral Agreements In Dornan v. New Brunswick (Health), 2023, a New Brunswick labour adjudicator considered whether oral discussions between Dornan and his former employer, Horizon Health Network, prior to the commencement...
There appears to be a recent trend, perhaps reflective of court backlogs and a frustrated judiciary, whereby employers who are overly aggressive, make false claims or decline a reasonable settlement offer, are being punished by the courts. In the Ontario wrongful dismissal case of Giacomodonato v. PearTree Securities Inc., 2023, the court took severe offence...
Further to our last Alert, here are some additional legislative updates that employers should be aware of. Working For Workers, 2023 On October 26, 2023 the Working for Workers Act, 2023 received Royal Assent and is now in force. Among a whole slew of changes the following are the most notable: Mass Terminations – Remote...
British Columbia: Pay Transparency Act The British Columbia Pay Transparency Act took effect on November 1, 2023. As a reminder and further to our previous e2r Alert! in June, this legislation applies to all provincially regulated employees in British Columbia and aims to enhance transparency around compensation. Beginning November 1, 2023, all employers in British...
ONTARIO (but maybe other jurisdictions!) No conversation about a without cause termination would be complete without discussing…. notice! As a refresher, unless an employee is being terminated for cause (or wilfull misconduct in Ontario), they are entitled to statutory, contractual or common law reasonable notice of termination depending on the contract. This notice can be...
Managing an employee resignation can be challenging, especially when it comes as a surprise. It is important that employers take the correct steps to ensure that departures occur smoothly, from both a practical and legal perspective. Notice of Resignation Under many provincial employment standards statutes employees are required to provide their employers with a specific...
Yes, all of the above are quite normal at this time of the year. With regard to the last, less enjoyable activity, as we near the final quarter of the year (and for many the last fiscal of the business year) the numbers start getting crunched (like dry leaves in the Fall… good one eh?)....
We have all been there, an employee submits their resignation, and the chaos begins as we try to work though the shock and logistics of the departure. Having a solid exit process can support an organization during this time by removing the risks of something being missed, ensuring that work can continue and providing a...
The Accessibility for Ontarians with Disabilities Act (“AODA”) is a law that sets out a process for developing and enforcing accessibility standards. Under AODA, accessibility standards have been created that organizations must follow. To ensure employers in Ontario have met current accessibility requirements under AODA, a compliance report must be filed periodically. If you are...
At this point, a remote work policy is not a new concept. However, there continue to be challenges for employers in navigating the “dos and do nots”, especially when it comes to employees working out of province or out of country. Below, we have addressed some common questions that we receive. Do employees have the...