Vey Willetts lawyer Paul Willetts was quoted in the March 6, 2017 edition of The Lawyer's Daily in an article entitled "Big changes could be on Way for Ontario workplace landscape." The article discusses the provincial government's Changing Workplaces Review and some of the changes employees and employers in Ontario may expect to see. 

There are few areas of employment law more in flux (and vexing to lawyers) than that surrounding the enforcement of termination clauses. Part of the frustration is when the Courts provide seemingly contradictory messages on whether termination clauses will be upheld. In January 2017 alone, the Ontario Superior Court of Justice released two decisions that appear, on their face, to be somewhat at odds. 

On February 6, 2017 the Ontario Bar Association Labour & Employment Law Section published an article by Vey Willetts' lawyer Andrew Vey. The article, entitled "Summary Judgment Motions for Wrongful Dismissal: An Update", looks at four recent Ontario court cases to assess the use of summary judgement as a tool in employment law litigation.

Vey Willetts LLP was recently successful on a motion for summary judgment, seeking increased severance for an employee who had been wrongfully dismissed. In its decision, Vinette v. Delta Printing Limited (2017 ONSC 182), the Superior Court significantly increased Mr. Vinette's severance entitlement from 8 weeks to 15 months.

The capacity to send and receive email on smart phone devices and laptops has fundamentally altered the working lives of many. The notion of the ‘9 to 5’ job has, in many industries, become a thing of the past. Our use of email has profoundly altered how and when we work: it has blurred the distinction between work and home lives; it has altered our view of what is appropriate communication and our expectation of how quickly people should respond. In many ways, it has simultaneously increased the volume of workplace communications and dramatically accelerated the pace at which it occurs.

The authority to make laws in Canada is split between the federal and provincial governments. Generally speaking, the employment relationship of most Ontario workers is subject to provincial laws such as the Employment Standards Act. A limited number of Ontario employees, however, work in industries over which the federal government has jurisdiction, and consequently sets the law. The federal equivalent of the Employment Standards Act is the Canada Labour Code. Federal jurisdiction applies to many Ontario workers employed in the following industries:

A workplace is a team environment. It functions best when the atmosphere is positive. One of the biggest concerns for employers, in Ontario and elsewhere, is how to address and manage the presence of a “toxic employee” in the workplace.

Vey Willetts lawyer Paul Willetts was quoted in the November 28, 2016 edition of Canadian HR Reporter in an article entitled "Older Employees Deserve More". The article discusses the recent Ontario Superior Court decision of Ozorio v. Canadian Hearing Society. In this case, a 60-year old senior managerial employee, with 30 years service was dismissed. Ms. Ozorio was ultimately awarded 24 months of reasonable notice. To read our recent review of the case and its implications for older workers please click here.

In the recent decision of Morison v Ergo-Industrial Seating Systems Inc. the Ontario Superior Court of Justice made an award of $50,000.00 in punitive damages against the defendant employer. This decision is an important reminder to all Ontario employers of the type of conduct which may attract punitive damages.

With the internet playing an ever larger role in our lives (and our work), it is no surprise that there has been a corresponding increase in online employee misconduct. In this realm, one of the most frustrating situations for employers relates to anonymous postings that offend company policy. These occur in a variety of ways: from nameless comments on online message boards disparaging the workplace to videos uploaded to sites like YouTube as a form of workplace or co-worker harassment.

Fixed term employment contracts can serve a useful purpose within an organization. They permit employers to limit the engagement of an employee to a set project or a fixed period of time. In circumstances where there is a significant fluctuation in annual work volume or where temporary staff are required to offset absences (such as due to illness or a parental leave) fixed term contracts may be ideal.

Last week, VW Lawyers' Andrew Vey spoke at the Ottawa Human Resources Professionals Association Conference on the process of providing reasonable accommodation to Ontario employees at work.

In our First Reference blog of February 19, 2015, we discussed an interesting decision out of the British Columbia Superior Court of Justice: Consbec Inc. v. Walker.

The facts (in brief) related to a claim from a family-owned company for a variety of damages related to an employee’s hasty resignation. Among these was the allegation that the Defendant ex-employee failed to provide reasonable notice of resignation (he in fact provided none) and this caused the company to incur damages related to arranging for a replacement.

Many Ontario employees receive some form of bonus payment as part of their total compensation. In a recent decision from the Ontario Court of Appeal, Paquette v. TeraGo Networks Inc., the Court provided clarity around the circumstances in which an employee will be entitled to receive bonus payments as part of their severance during the applicable notice period. 

Courts have previously recognized that older employees may struggle to find comparable re-employment. In a recent decision, Ozorio v. Canadian Hearing Society, the Ontario Superior Court of Justice awarded 24 months’ common law reasonable notice to a dismissed employee, Ms. Ozorio, who was 61 years old at the time of dismissal.

A Performance Improvement Plan (or “PIP” for short) is a non-disciplinary tool that some Ontario employers use when they have identified concerns with an employee’s performance. A PIP can be a legitimate means by which to help a struggling worker identify weaknesses in the performance of their duties and return to success. 

Some jobs are boring. I spent eight months during University working as a parking booth attendant. There was not much to do in the 3' by 3' box, but it helped pay for tuition.

Despite workplace boredom being a mundane reality of some working lives, it may also be the catalyst for more serious workplace concerns. At the extreme, in limited circumstances, boredom could even form the basis for constructive dismissal.