Employer’s Apology Cannot Cure Contract Breach, Court Rules

In a recent Ontario case, the court concluded that the employer had repudiated the employment contract by its post-termination conduct and its termination provisions could therefore not apply to the terminated employee.  As a result, the employee was entitled to six months’ pay in lieu of notice. Employee Terminated Without Cause The employee began working for […]

Read More

Court Weighs in on Federally-Regulated Employee’s Termination Clause

Unlike most employment disputes in Ontario, disputes related to a federally-regulated employee are commonly adjudicated by a tribunal pursuant to the Canada Labour Code. As a result, it is uncommon that a provincial court has the opportunity to consider issues relating to this specific area of employment law. However, the Ontario Superior Court recently had […]

Read More

One Bad Apple Spoils the Bunch: Employment Contracts

Employment contracts by nature address a number of different factors relating to employment, from sick days to vacation and overtime pay to performance management, compensation and an employee’s rights upon termination. When one clause is found to be invalid, courts have often held that the offending term can be lifted out, leaving the rest of […]

Read More

Court: Contract Term Withholding Stock Vesting Rights Unfair

Many companies offer to their employees stock option benefits which are often a valuable form of compensation. These option plans are often complicated, however. The traditional plan offers the employee the right to buy the shares of the company at a pre-determined price, typically the closing price of the stock on the day prior to […]

Read More