A recent Ontario Superior Court decision demonstrates that it remains possible for employers to insert enforceable termination clauses in employment contracts. For some five years now, a host of decisions have struck down as unenforceable termination clauses that purport to displace employees’ right to reasonable notice or pay in lieu thereof. Almost always, the basis […]
In the return-to-office push, employers that have been clear with their return policies will find better compliance from employees, says Janet Candido, founder and principal of Candido Consulting Group. A slew of companies have announced plans to return staff to working in office on a full- or part-time basis, some with little advance notice. Despite […]
A recent Canada Industrial Relations Board decision has raised questions about the threshold that individuals must meet to be considered dependent contractors who are therefore entitled to reasonable notice on termination without just cause. Dependent contractors, while not formally considered employees because of the degree of control and independence they enjoy, are workers who offer […]
There have been several changes to the Canada Labour Code in recent months. Here’s an overview of what’s happened and what’s on the horizon for employers under federal labour jurisdiction. New employer obligations As of July 9, 2023, federally regulated employers must reimburse employees for reasonable work-related expenses. When determining whether an expense is related […]
Employers vastly underestimate the impact of workers leaving an organization on the staff left behind, leading to even more turnover, according to a new study by the University of British Columbia. “The research sends a clear message to organizations that they should be extremely careful when they make exit decisions or they risk destabilizing the […]
The Ontario Court of Appeal has ruled that employers can’t rely on termination clauses when employees’ duties have escalated significantly after they signed their original employment contracts, including situations where the employee didn’t receive a promotion. In its ruling, the court relied on the changed substratum doctrine, which states termination clauses in a written employment […]
A recent court decision in Ontario illustrates the potential danger for employers that attempt to rely on pension plan terms to refute claims for pension-related losses in the context of wrongful dismissal actions. The case, Williams v. Air Canada, involved a claim by a long-time employee whose employment was terminated in 2020 when the airline […]
The Toronto Transit Commission is ending its mandatory coronavirus vaccination requirement for workers and offering to reinstate employees who were terminated as a result of the policy without back pay. The transit agency said the mandate — introduced in September 2021 — will be lifted Nov. 27, though it’s continuing to encourage employees to stay […]
The City of Toronto is lifting its coronavirus vaccination mandate for employees, effective Dec. 1. According to a press release, the mandate, which was introduced in September 2021, is ending due to more than 99 per cent of City employees and more than 90 per cent of the public having at least two doses of […]
An article about an open letter that highlighted how proposed amendments to the federal Bankruptcy and Insolvency Act could have a positive impact on defined benefit plan members was the most-read story on BenefitsCanada.com over the last week. Here are the five most popular news stories of the week: 1. Amendments to insolvency legislation would secure DB pensions, […]