Asset Sales and Employment Rights – What You Don’t Know Can Cost You
Employees who are swept up in asset sales may have common law rights to termination based on more than just their most recent length of service. Employers and employees must take care in drafting, negotiating and accepting offers that affect their rights.
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.
Misgendering Equals Misconduct in the Workplace
Despite considerable societal progress in the last few decades, two recent decisions serve as a timely reminder of the challenges that transgender people can still face in places of work and learning.
Sale of a Business Raises Employment Law Issues
Purchasers should be aware of the potential cost of taking on the employment of the vendor’s employees and the unexpected liabilities that may arise if those same employees are terminated after the transaction is completed.
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.
Madeleine Loewenberg Quoted in Canadian Lawyer InHouse Magazine
Madeleine weighs in on the decision of Brake v. PJ-M2R, in which a constructively dismissed employee is awarded twenty months’ pay in lieu of notice of her termination.
