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Restrictive Covenants, Employee Rights Kevin Patrick Robbins Restrictive Covenants, Employee Rights Kevin Patrick Robbins

Ontario’s Non-Compete Ban does not apply to Old Agreements

In early December 2021, the Ontario Government passed into law a ban on non-compete agreements. Non-competes are a form of restrictive covenant used to limit the ability of employees to seek work with competitive alternate employers. Ontario’s non-compete ban took retroactive effect as of October 25, 2021. But that begged the question, what happens to non-compete agreements entered into before this date?

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Dismissal, Just Cause Dismissal Kevin Patrick Robbins Dismissal, Just Cause Dismissal Kevin Patrick Robbins

Smoking Gun or Poisoned Chalice? Employee Use of Secret Recordings at Work

As we have written in an earlier article, a relatively common question employment lawyers receive (from both employees and employers) is whether it is lawful to secretly record conversations at work. Individuals may be motivated to take this step for a number of reasons, such as trying to capture evidence of misconduct, or to safeguard against allegations arising from a contentious meeting.

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COVID-19 & Employment Kevin Patrick Robbins COVID-19 & Employment Kevin Patrick Robbins

Boosters, Masks and Testing: Three Reasons why Ontario Employers need to Update their COVID-19 Policies

As the pandemic reaches the two year mark, the Omicron variant has taken hold across the country. In response, public health agencies have updated their recommendations and protocols. With the introduction of booster shots, new quality standards for facial masks, and limited access to testing, employers may quickly come to find their existing COVID-19 policies are out of date.

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Wrongful Dismissal, Dismissal Kevin Patrick Robbins Wrongful Dismissal, Dismissal Kevin Patrick Robbins

When is 2.5 Months "Reasonable Notice" of Dismissal?

In wrongful dismissal cases, absent a lawful written contractual entitlement, the courts conduct an individualized assessment to determine what would be reasonable notice of the dismissal. In a recent contribution to First Reference Talks (a collaborative HR and employment law advisory blog), Paul Willetts highlighted two wrongful dismissal cases where the short-service plaintiffs who otherwise differed significantly (in terms of age, compensation and character of employment), both received a 2.5 month notice period.

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COVID-19 & Employment, Employee Rights Kevin Patrick Robbins COVID-19 & Employment, Employee Rights Kevin Patrick Robbins

IDEL Extended Again, Now Lasting for a Period of Up to 2.5 Years

The Government of Ontario has announced that Infectious Disease Emergency Leave (“IDEL”) will be extended for a fifth time. It will now cover the period from March 1, 2020 to July 30, 2022. As a result of this change, it is possible that the worst effected employees may find themselves out of work, and without pay, for a staggering 2 years and 5 months.

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Employment Standards, Employee Rights Kevin Patrick Robbins Employment Standards, Employee Rights Kevin Patrick Robbins

Ontario Implementing Major Changes to Employment Law

While vaccination mandates and the ongoing pandemic continue to dominate headlines, less attention has been given to the major changes to Ontario employment law currently being proposed at Queen’s Park. A ban on non-compete clauses, a new minimum wage, and a legally protected right to wear poppies in the workplace are just some of what may be coming.

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COVID-19 & Employment, Employment Policies Kevin Patrick Robbins COVID-19 & Employment, Employment Policies Kevin Patrick Robbins

The Dangers of Applying a Blanket Approach to Employee Vaccination Policies

Over the past several weeks many Ontario employers have implemented policies setting out COVID-19 vaccination requirements for their staff. While in some sectors, such as long-term care, employee vaccination is now mandatory, in most it is not. Nonetheless, a number of employers, such as the City of Toronto, have opted to implement mandatory vaccination policies for their staff.

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Wrongful Dismissal, Stock Awards Kevin Patrick Robbins Wrongful Dismissal, Stock Awards Kevin Patrick Robbins

Court of Appeal: Employee had no right to Damages for Unvested Stock Awards After Termination

Last year the Ontario Superior Court awarded a former Microsoft employee 23.75 months’ pay in lieu of notice following his without cause dismissal from employment. The court’s award included damages for stock awards that would have vested during the applicable notice period.

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Mitigation, Wrongful Dismissal Kevin Patrick Robbins Mitigation, Wrongful Dismissal Kevin Patrick Robbins

Do older employees have a duty to mitigate loss of employment?

Dismissed employees are expected to actively search for new work if they want to preserve full severance rights. Yet a recent case out of Ontario suggests there may be more leniency for older workers. This reflects a judicial acknowledgment of the fact that re-employment opportunities tend to become scarce past a certain age.

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COVID-19 & Employment, Employment Policies Kevin Patrick Robbins COVID-19 & Employment, Employment Policies Kevin Patrick Robbins

Vaccination Policy Obligations for Ontario Employers

Earlier this week, the Ontario government amended the provincial regulation governing businesses and organizations at Step 3 and the “Roadmap Exit Step” of its Roadmap to Reopen Plan. It is important to note that, at present, Ontario remains at Step 3, having yet to reach the Roadmap Exit Step.

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Employment Contracts, Employment Policies Kevin Patrick Robbins Employment Contracts, Employment Policies Kevin Patrick Robbins

Key Provisions to Include in Every Employment Contract

Hiring a new employee is an investment, and it is important to start the relationship on the right foot. Both parties need to have a clear understanding from the outset of their role, rights, and responsibilities. Where there is confusion in this regard, disagreement and disputes may follow.

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Are Employers Required to Conduct an Investigation Before Dismissing a Worker for Cause?

Investigations have become common occurrences in the modern workplace. Their rise in popularity has corresponded with statutory changes which require employers to investigate certain claims of misconduct (such as those related to workplace harassment or violence).

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Vacation Pay, Employment Standards Kevin Patrick Robbins Vacation Pay, Employment Standards Kevin Patrick Robbins

Spotlight on Employee Vacation Entitlements

The dog days of summer are upon us. As employees head to cottages (or their backyard), it is a good time for employers to review vacation policies to ensure they are fit for purpose. Managing and tracking employee vacation entitlement can be one of the trickier things for employers to navigate. Errors in this regard can result in unnecessary disputes and unintended liability.

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Employee Hiring, COVID-19 & Employment Kevin Patrick Robbins Employee Hiring, COVID-19 & Employment Kevin Patrick Robbins

Infectious Disease Emergency Leave Extended to September 25, 2021

Ontario has, for a third time, extended the length of Infectious Disease Emergency Leave (“IDEL”). Pursuant to O. Reg. 412/21, IDEL now encompasses a maximum period of March 1, 2020 to September 25, 2021. The practical impact of this change is that employers are allowed to keep employees off work, without pay, in response to the COVID-19 pandemic for an additional three months.

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