Q&A is a recurring series on the Vey Willetts LLP blog. The aim is to provide quick answers to questions we commonly encounter in our day-to-day practice of employment law. In this edition, we focus on temporary lay-offs from work.

On a recent Ontario summary judgment motion, Justice Kane considered whether a former employee of Algonquin College (the “College”) had been properly dismissed for just cause.

Q&A is a recurring series on the Vey Willetts LLP blog. The aim is to provide quick answers to questions we commonly encounter in our day-to-day practice of employment law. In this edition, we focus on wrongful dismissal from employment.

Dismissing an employee is not a pleasant experience. But whether you like it or not, this is one task that most businesses will encounter at some point. As President Trump reminded us again this week after reports surfaced that Secretary of State Rex Tillerson learned of his firing by way of a twitter post, there is both a right way and a wrong way to conduct employee terminations.

Employees are entitled to work in a respectful environment, free from harassment and discrimination. In circumstances where the work environment deteriorates to such an extent that it may be considered “poisonous” or “toxic”, a court will likely find that the employer’s behaviour in creating and/or condoning this environment amounted to a constructive dismissal of the affected employee.

Vey Willetts lawyer Paul Willetts was quoted in the February 26, 2018 edition of The Lawyer's Daily. The article, "Automated legal services cost efficient, but can leave clients vulnerable, lawyers say", considers the advantages and disadvantages of artificial intelligence, and the automation of legal documents, for individuals in need of legal assistance. 

Last month, the Court of Appeal for Ontario released its decision in Nemeth v. Hatch Ltd. garnering a lot of attention within the province’s employment law bar.

Since allegations related to Hollywood producer Harvey Weinstein first became public, the #metoo movement has provided a catalyst for society to confront its handling of sexual harassment. Just this week, the latest public figure to be embroiled in such allegations is Steve Paikin, a prominent journalist employed by the provincially-funded broadcaster TVOntario (“TVO”).

Q&A is a recurring series on the Vey Willetts LLP blog. The aim is to provide quick answers to questions we commonly encounter in our day-to-day practice of employment law. In this edition, we focus on sexual harassment in the workplace.

Last April, we wrote about an interesting decision from the Ontario Superior Court concerning when the limitations period begins to run for claims of wrongful dismissal and statutory severance pay. In that case, the Court held that the limitation period to claim unpaid statutory severance pay commences as soon as working notice of dismissal is issued to an employee.

Before 2017 comes to a close, the Ontario Superior Court of Justice has provided at least one last case that is sure to catch the attention of employers. In a decision issued on December 7th, Justice Emery issued an award of $750,000 for moral and punitive damages to a senior managerial employee who effectively found herself benched for almost 10 months prior to her actual date of dismissal.

Last month, the provincial government passed into law Bill 148, the Fair Workplaces, Better Jobs Act, 2017. This Act brings with it significant changes to employment law in Ontario for both employees and employers. In particular, Bill 148 will overhaul parts of the Employment Standards Act, the Labour Relations Act and the Occupational Health and Safety Act.

Q&A is a recurring series on the Vey Willetts LLP blog. The aim is to provide quick answers to questions we commonly encounter in our day-to-day practice of employment law. In this edition, we focus on constructive dismissal from employment.

Vey Willetts LLP was recently successful in defeating a summary judgment brought by IBM Canada Limited. This decision, Amberber v. IBM Canada Limited, serves as an important reminder to employers of the need to draft contractual termination clauses with a high degree of clarity, or risk unanticipated liability in the event of a without cause dismissal.

A recent decision from Ontario's Court of Appeal, North v. Metaswitch Networks Corporation, confirms how the courts in our province will assess an employee's severance entitlement where his/her employment was governed by a written agreement that includes a termination provision.

A dismissal from employment is rarely pleasant for anyone involved. Frustration, anxiety and hurt feelings are all common by-products. But how do we assess whether an employee has suffered harm beyond the ordinary due to a poorly handled termination?

Vey Willetts lawyer Paul Willetts was quoted in the October 10, 2017 edition of The Lawyer's Daily. The article, "Timing, Privacy Issues Raised over Ontario's Proposed Domestic Violence Leave Bill," considers recent proposed legislation that seeks to provide employees with up to 10 days of paid leave, and up to 15 weeks of unpaid leave per year to deal with issues arising from episodes of domestic or sexual violence.

Q&A is a recurring series on the Vey Willetts LLP blog. The aim is to provide quick answers to questions we commonly encounter in our day-to-day practice of employment law. In this edition, we focus on how to navigate the loss of a job and ensure that you receive a fair severance package.