Labour & Employment Law

All aspects of the employer-employee relationship (other than pensions and employee benefits) including questions relating to terminations, wrongful dismissal, employment standards, arbitration, collective bargaining, and human rights issues such as discrimination and the duty to accommodate

Ontario Court of Appeal ruling highlights interpretation of termination clauses

The Ontario Court of Appeal has taken a technical approach to interpreting “termination clause” in ruling that a failsafe clause that doesn’t clearly apply to the entirety of a termination clause won’t be enforceable. “The big takeaway from Andros v. Colliers Macaulay Nicolls Inc. is that courts will pay close attention to grammar and structure in interpreting failsafe […]

Decision on Constructive Dismissal a Game Breaker

The Workplace Safety and Insurance Appeals Tribunal’s recent decision in Hospitality Fallsview Holdings Inc. v. Morningstar 2019 ONWSIAT 2324, may signal a new jurisdictional regime around claims of wrongful dismissal premised on workplace harassment causing chronic mental stress. “The ruling precludes civil actions based on chronic mental stress due to harassment in the workplace on the basis […]

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