Employers often wish to protect their commercial and business interests by contractually limiting the ability of departing employees to use confidential information, compete with the employer, and solicit the employer's customers and staff in the period subsequent to employment....
One important area where the Ontario Employment Standards (ESA) and the common law appear to be wholly at odds relates to the consequences of temporary layoffs. The ESA provides that under certain circumstances, an employer may temporarily lay off an employee, and even though no work is provided...
The post discusses evolving attitudes toward social media use in the workplace, highlighting two key developments: U.S. NLRB Ruling on Social Media and Worker Rights The National Labor Relations Board found that an EMS worker had the right to discuss workplace conditions on Facebook—even if that meant...
Under Ontario’s Employment Standards Act (ESA), employees dismissed without cause are entitled to two distinct statutory payments: Termination Pay: Calculated based on years of service. Employees with 8 years or more can receive up to 8 weeks of termination pay. wiselaw.blogspot.com Severance Pay: Available to employees who meet...
Discover how the Ontario Human Rights Code protects employees from disability discrimination at work, and how employers must accommodate injuries or disabilities unless it causes undue hardship. Includes case insights....
Learn when an Ontario employer can avoid termination notice or pay by demonstrating egregious, deliberate misconduct under ESA Regulation 288/01. Highlights from the Walmart Canada Gray case....
When a non-unionized employee in Ontario is terminated without cause, the employer must promptly provide statutory entitlements under the Employment Standards Act (ESA)—namely, termination pay and severance pay. Termination pay is calculated at up to one week per year of service (capped at 8 weeks),...
In Slater v. Sandwell Incorporated (1994), Ontario courts confirmed that reasonable notice for terminated employees is assessed using the Bardal factors—job type, service length, age, and re-employment prospects—while also considering economic climate and the parties’ expectations. Economic hardship alone, however, does not reduce notice obligations....
In Ontario, non-unionized, non-managerial employees terminated without cause are entitled to reasonable notice—a length determined by the Bardal factors: length of employment, seniority, age, likelihood of securing new work, and the character of their job. For example, in Wallace v. United Grain Growers, a top...
When can employment be lawfully terminated "for cause?"...
Ontario employers must provide reasonable notice when terminating employment without cause—determined by key Bardal factors: character of employment, length of service, age, and availability of similar work. While longer notice is usually expected for managerial roles, Ontario courts continue to weigh each case individually based...
In Love v. Acuity Investments Management Inc. (2011), the Ontario Court of Appeal increased a senior vice-president’s termination notice from five to nine months, underscoring that high-level roles demand longer notice periods. The ruling cautioned against over-emphasizing short service, stressed the importance of the employee’s...
Bill 168 represented hope for employees historically trapped in environments where bullying was tolerated. By legislating clear responsibilities for employers, Ontario set the stage for stronger protections of workplace mental health and safety...
In a notable UK case, a prison officer was dismissed for gross misconduct after discovering that his Facebook “friend list” included prior prisoners and criminals. Despite claiming ignorance, his failure to vet friend requests led to his dismissal due to the perceived conflict with professional...
Constructive dismissal occurs when an employee resigns due to significant changes to their job that amount to a breach of contract—such as demotions, reduced pay, or toxic work environments. This blog explores the risks employers face when altering employment terms without consent, highlighting that such...
In this post, Garry J. Wise reflects on the ongoing legal and practical implications of Facebook use in professional environments. While acknowledging that the initial novelty of social networking had faded by 2008, he observes that Facebook remained a prominent issue in workplace policy debates....