The recent Ontario Court of Appeal decision of Rossman v. Canadian Solar Inc. is yet another case dealing with the enforceability of termination clauses in employment contracts. This issue often comes before the courts because it involves one of the most litigated and important principles in employment law, which is that the employer must provide reasonable notice to an employee upon termination.
The man of many suits requires no introduction; however, in brief, Don Cherry is a hockey commentator who was apparently terminated from his job as a co-host of the popular Canadian television program, Coach’s Corner. He is a notoriously brash and opinionated character who often courted controversy with many of his statements about a variety of topics over the years. He was also well-known to wear ostentatious suits in a variety of loud colours and patterns.
It’s Friday afternoon and you were just terminated from a well-paying position “for cause” after many years of loyal service in a reputable company in Toronto. Your world is sort of crushing down upon you, you do not know how you are going to make next month’s mortgage payment and your first reaction is to search online for lawyers who offer a “free legal consultation.” However, should you continue in such a manner? It depends, but ultimately you should be aware of what you will (or will not) be getting from such an offer and the risks that may be involved.
So, you’re looking to hire your next account manager, controller or human resources specialist. Your recruitment agent presents you with a list of candidates and you get your assistant to schedule interviews of those who, in your opinion, are worthy of your attention. If your business is anything like many of the businesses around you, chances are you are under the impression that your legal obligations begin only at the date of hire and the interactions that take place prior to that auspicious occasion are legally meaningless. Wrong.
On December 6, 2018, the Ontario government introduced another new bill that will make even further changes to Ontario’s labour and employment laws. This new bill, called Bill 66 or the Restoring Ontario’s Competitiveness Act, 2018 (“Bill 66”), would make several amendments to Ontario’s Employment Standards Act, 2000 and Ontario’s Labour Relations Act, 1995 in an effort to address certain concerns raised by employers and others. These changes also seek to make Ontario businesses more competitive. Bill 66 comes on the heels of other recent legislative changes made by Ontario’s government including the changes made in Bill 47 or Making Ontario Open for Business Act. Further information about Bill 47 can be found in our recent blog post entitled “Premier Ford set to Reverse Recent Changes to Ontario Employment Laws.”