It’s natural to want a clean break and a fresh start after the end of an employment relationship. In most cases, employees can find new opportunities without looking back. However, as the decision in Brown v. General Electric Canada et al., 2024 MBKB 95 (“Brown”) reminds us, sometimes employees have to essentially get back together
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Friends with your Ex(it package)
By David Gelles
This might be a cliche, but dismissals are like breakups: hard to pull off correctly; stressful; and rarely mutual. In this blog post, I want to focus on the last point. While dismissals are virtually never mutual, there are circumstances where both the employer and the employee mutually part ways amicably. That’s right, in these…
Case Law Update: COVID-19 Vaccination Policies and Frustration of Contract
Although in many ways the height of the COVID-19 pandemic seems far in the past, employers and employees (and employment counsel) are still dealing with its impacts today as cases continue to make their way through the court process.
In the recent decision of Croke v VuPoint System Ltd, the Ontario Court of Appeal…
No One Gets Far in a Getaway Car
By David Gelles
A company car is a great perk. If you’re lucky enough to get your own company car as part of your compensation package, then you might be able to relate to a dismissed employee who was so broken up about having to return his company car that he refused to do so until a court…
Performance Improvement Plans: Paper the File or A Real Commitment to Improvement?
As employment lawyers, a regular topic of conversation with clients about implementing and using performance improvement plans (“PIP”) to address an employee’s lagging performance. Our typical guidance is that a PIP can be an excellent tool to identify and rectify an employee’s performance issues. When used properly, a PIP can assist an employee to…
Court Orders Independent Medical Examination of Former Employee
By Alex Minkin
In wrongful dismissal lawsuits, the former employee’s medical condition can sometimes become an issue for the Court to consider. To what extent can the employer test this medical condition through a Court-ordered independent medical examination of the employee?
Examples of When a Medical Condition Could Be a Potential Issue
Claims for Moral Damages and/or Aggravated…
Overtime for Managers and Supervisors
By Alex Minkin
If you are employed as a manager, and you consistently work more than 44 hours per week, are you entitled to overtime?
There are exemption from overtime rules that apply to managers and supervisors, although it is a narrow exemption. Many employees who hold the title of “manager” or “supervisor” are in fact entitled to…
The Answer to Viral Workplace Trends
By David Gelles
TikToks are not just funny videos. The absurdly popular short-form video app has proven to be the information source of choice for a huge number of people around the world. Not only do people get information from TikTok, but they also try to get in on the latest trends and then emulate what they see.…
Court Orders Production of Unredacted Documents
How much does a party need to reveal during litigation? Surprisingly to some, the answer is “everything relevant”. Despite what movies and television suggest, in Canada we rarely see a “gotcha” moment where a secret document is revealed during trial which tips the balance of the case. Instead, each party to a matter must reveal…
The Hot Trend in HR Law That Will Shock You
By David Gelles
You don’t need to be a fashionista to appreciate the value of being able to recognize current trends. Having a good sense of where the wind is blowing will often let you be proactive and ahead of the curve. While this blog won’t give you any top fashion advice, we do strive to recognize and…