Ontario Court of Appeal rules in Rahman v. Cannon Design Architecture Inc. that there is not a different legal standard for different people when interpreting employment contracts.
THE ISSUE: IS THERE A DIFFERENCE BETWEEN JUST CAUSE UNDER THE COMMON LAW AND WILFUL MISCONDUCT UNDER THE EMPLOYMENT STANDARDS ACT (ONTARIO)?
In an earlier blog about the enforceability of termination clauses in employment contracts, I noted that a termination for cause (aka “just cause”) is a Canadian common law (judge-made law) concept whereby an employee may be denied notice or pay in lieu of notice that a judge would grant to an employee who was terminated “without cause”.
ONTARIO EMPLOYMENT STANDARDS UPDATE: A TEMPORARY LAYOFF DEEMED AN “INFECTIOUS DISEASE EMERGENCY LEAVE” MAY BE CONSIDERED CONSTRUCTIVE DISMISSAL
Since March 2020 there have been widespread temporary layoffs (or a reduction in wages or hours) due to COVID-19 related business slow down or (hopefully) non-permanent shutdowns.
Part 3: Ontario’s Working for Workers Act 2 effective April 11, 2022. What it means for Employers.
At the time I completed my last mediation blog of last year, 2021: The Year in ADR – Noteworthy Court Decisions About Not Going to Court. What to Watch for in 2022, I didn’t realize I was witnessing a what-to-watch-for trend in 2022 that I can now report on: Voluntary Pre-Litigation Mediation (“VPLM”).
When What Happens in Vegas Doesn’t Stay There: Two Recent Court Decisions About Mediation Confidentiality May Surprise You
Occasionally, and with a certain audience, I will explain mediation confidentiality to some (but not all) mediation participants by making reference to the advertising slogan—“what happens here, stays here”—put out by the Las Vegas Convention and Visitors Authority in 2003 and their Visit Las Vegas TV commercials (or, the less-than-mediocre romcom “What Happens in Vegas”, the title of which was inspired by said slogan).