Rodney Employment Law Blog
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The team at Rodney Employment Law offers a broad depth of experience in employment and labor matters while also contributing a unique HR background and perspective. The team is passionate about helping people and works to provide customized and innovative solutions to both employer and employee clients. At Rodney Employment Law we live our values in everything we do by delivering our services..
Rodney Employment Law Blog
3w ago
A recent Ontario Superior Court of Justice decision highlights the importance of the duty of good faith owed by employees and the need for employers to conduct investigations in cases relating to employee misconduct. Background In the case of Arora v. ICICI Bank of Canada, Amit Arora, a long-standing employee with 15 years of service, […]
The post Duty of Good Faith Applies to Employees: Court Upholds Termination for Cause appeared first on Rodney Employment Law ..read more
Rodney Employment Law Blog
1M ago
Making the decision to terminate an employee is difficult in itself. This is often further complicated for small businesses and entrepreneurs who may not have dedicated and experienced HR personnel. However, it is essential for employers to understand the key steps (and key pitfalls) when terminating an employee. Poorly done terminations can drive wrongful dismissal […]
The post Simplifying Terminations: Best Practices and Key Takeaways appeared first on Rodney Employment Law ..read more
Rodney Employment Law Blog
7M ago
Keeping your employees safe, informed, and compliant with regulations is a crucial aspect of running a successful business. While the specific requirements can vary depending on factors such as location and industry, understanding the importance and benefits of compliance training is essential for every employer. By proactively addressing potential compliance issues through training, you can significantly reduce the risk of legal action, fines, and reputational damage, protecting your business in the long run.
Beyond the Legal Obligation:
Compliance training goes beyond simply checking a box ..read more
Rodney Employment Law Blog
8M ago
Employers often believe that offering fixed-term contracts to staff can reduce severance or termination costs. While this may be true in some cases, the reality is that fixed-term contracts often carry significantly more risk than a well drafted employment agreement for indefinite employment, as illustrated in Elder v. Max Wright Real Estate, 2023 ONSC 5661 (CanLII).
Briefly, Mr. Elder was hired by Sotheby’s (the Defendant) as a real estate agent pursuant to a one-year fixed term contract beginning June 10, 2021. The relevant term of the contract read as follows:
3. &nb ..read more
Rodney Employment Law Blog
1y ago
2022 brought with it many ongoing changes in employment law. Understanding these changes will help businesses navigate the upcoming 2023 year.
In this post we identify some of the major challenges that have emerged for employers in this last year, along with key trends to look out for in the new year.
Accommodation requirements in hybrid work environment
Even in work-from-home or hybrid environments, the duty to accommodate employees remains. Accommodation can be both physical, such as accessibility and specialized equipment, and non-physical, such as changes to work schedule and responsibilit ..read more
Rodney Employment Law Blog
1y ago
The newly emerged concept of quiet quitting has gone viral on social media. For the purpose of this blog, ‘quiet quitting’ occurs when an employee stops being engaged in the workplace and taking initiative in their work, fulfilling only the bare minimum requirements of their assigned tasks. Essentially, the employee disconnects emotionally from their job.
This shift has left many employers increasingly frustrated and wanting to respond to the situation, which has given rise to a reaction movement to quiet quitting, commonly referred to as ‘quiet firing’. This practice encompasses ..read more
Rodney Employment Law Blog
1y ago
The recent and abrupt termination of News Anchor Lisa LaFlamme from CTV News has garnered significant media attention, largely for the manner in which her termination was handled. Shortly after CTV News issued a media release stating that a business decision had been made to terminate her employment, LaFlamme unexpectedly shared her own Twitter video explaining that the decision had left her “blindsided, shocked, and saddened”. The incident has since caused a media controversy, with many speculating that her termination was related to her age and/or gender, and several former Bell Media Employ ..read more
Rodney Employment Law Blog
1y ago
What is the Infectious Disease Emergency Leave (IDEL)?
In response to COVID-19, the Ontario government introduced the Infectious Disease Emergency Leave (IDEL) under the Ontario Employment Standards Act, 2000 (ESA). Under IDEL, a non-unionized employee is deemed to be on IDEL if their employer has temporarily reduced, or eliminated their hours due to COVID-19. These employees are not considered to be laid off under the ESA if the employee is not performing the duties of their position because their hours or wages have been temporarily reduced or eliminated for reasons related in whole, o ..read more
Rodney Employment Law Blog
1y ago
In the recent Ontario Court of Appeal decision in Render v. ThyssenKrupp Elevator (Canada) Limited, 2022 ONCA 310, the Court confirmed that there are effectively two levels of just cause misconduct, a less stringent threshold under common law and a more onerous definition required under the Ontario Employment Standards Act (“ESA”), 2000. Many employers are unaware that in certain circumstances, an employee may be rightfully terminated for cause, but nevertheless entitled to statutory termination and severance pay under the ESA.
Background
Mark Render (“Mr. Render”), an Operations Manager, was ..read more
Rodney Employment Law Blog
1y ago
Absent exceptional circumstances, common law reasonable notice for terminated employees is generally capped at 24 months, with a handful of cases awarding employees greater amounts. In the recent decision Currie v. Nylene Canada Inc., 2022 ONCA 209, the Ontario Court of Appeal shed further light on the kinds of exceptional circumstances which merit an award in excess of the soft cap of 24 months, upholding the trial judge’s decision to award Ms. Currie 26 months of notice after she was terminated without cause from her long term employer.
Ms. Currie was terminated in December 2018 ..read more