Employees are entitled to know at the beginning of an employment relationship what their entitlement will be at the end of their employment. To accomplish this objective, employers often spend a great deal of financial and human resources in drafting comprehensive employment agreements, just to...
A dismissal for just cause is a matter of substance, not form. The central question concerning just cause is whether an employee’s misconduct is sufficiently serious that it strikes at the heart of the employment relationship. The answer to this question requires a factual inquiry...
The issue of enforceability of a termination provision is one of the most frequently litigated areas of employment law. The enforceability of such provisions turns on their wording, the purpose and language of the Employment Standards Act, 2000 (ESA), and jurisprudence on interpreting employment agreements,...
A single act of dishonesty may constitute cause for dismissal, even if the specific incident is of minor consequence. It is not so much the dishonest act itself, rather it is the revelation of a character that is untrustworthy that provides the legitimate basis...
A dismissal for just cause is a matter of substance, not form. An unsubstantiated allegation of cause could result in punitive damages for corporate employers. A recent employment case in point is Morison v. Ergo-Industrial Seating Systems Inc., 2016 ONSC 6725, where Justice P.E. Roger...