Discretion Not Absolute when Awarding Bonuses
An employer’s discretion is constrained when deciding whether to award discretionary bonuses, according to the Court of Appeal for Ontario.
Court of Appeal doubles down on termination clause rigidity
When the Ontario Superior Court upheld a termination clause in a September 2021 judgment, it provided a rare opportunity for celebration among the province’s employers and management-side counsel. However, the Court of Appeal has now doubled down on its previously strict stance as it overturned the employer-friendly ruling and sided with the plaintiff in the case of Rahman v. Cannon Design Architecture Inc.
Little Substance to Ontario’s New ESA Policy Requirements
The provincial government has made a splash in employment law circles over the last year with headline-grabbing changes to the ESA that require employers with more than 25 workers to come up with policies for “disconnecting from work” and “electronic monitoring” of their employees. However, there is not much substance to either requirement and businesses may benefit from keeping their policies on these subjects simple.
Standard Employment Policies – A Refresher for Ontario Businesses
Carefully drafted employment policies are the foundation for an effective and efficient workplace. These documents give employers the opportunity to set expectations for their workers and manage risks. It is not only the pursuit of a healthy workplace that should motivate businesses to get policies in place, but Ontario law mandates the creation of certain written policies.
Insight and Analysis: Three Significant Employment Law Cases from 2021
As we settle into 2022, it is an apt time to review some significant employment law decisions from last year. The decisions below demonstrate how employment law is continuously evolving, even in areas of the law thought to be well developed, such as length of reasonable notice and statutory severance pay.
Release Signed after
Termination Bars Separate, Pre-Existing Human Rights Application
In Kolokythas v. Canada Booking.com Customer Service Centre Inc., 2021 HRTO 587 (CanLII), the applicant employee filed a human rights application against the respondent employer Canada Booking.com Customer Service Centre Inc. (“Canada Booking”) while still in its employ.
