Employers Beware – Potential Future Violation of ESA Could Render Employment Agreement Unenforceable

23. March 2021 0
In a recent decision, the Ontario Superior Court of Justice found that a termination provision was unenforceable because it would violate Ontario’s Employment Standards Act if the employee’s role changed or the employer grew in size. Facts Chris Rutledge was a construction worker with Canaan Construction. Ontario’s employment standards legislation provides that “construction employees” are ...

Employer Liable for Bonus, Again.

16. March 2021 0
Koski v. Terago Networks Inc., 2021 BCSC 117 Koski was dismissed without cause and without notice after 13 years of employment.  Although he had an employment contract, it did not include a termination clause.  The court found that Koski was entitled to 13 months of notice.  The court also found that Koski was entitled to ...

Reviewing your Investigation Practices

10. March 2021 0
Employers are required to have a bullying and harassment policy in place and a key component to that policy is the investigation procedure. Taking the time to consider the components of an appropriate investigation procedure for your specific workplace and reviewing that policy on a regular basis, can help lessen the potential financial liability and ...

Proposed Changes to EI and Canada Recovery Benefits

On February 19th, Prime Minister Trudeau announced a plan to increase the number of weeks available for benefits under the Canada Recovery Benefit (CRB) and the Canada Recovery Caregiving Benefit (CRCB) by 12 weeks, thus extending the maximum duration of the benefits to 38 weeks. The government also intends to double the number of weeks ...

Does Voluntary Break in Service Affect Settlement Entitlement?

08. February 2021 0
Hetherington v Saskatchewan Liquor and Gaming Authority, 2020 SKQB 110 For the purposes of determining severance entitlement, a Saskatchewan Court found that an employee worked for the Government of Saskatchewan for a total of 28 years, despite voluntarily leaving her employment for 29 months during that time. The employee was awarded damages in lieu of ...