1. Failure to have an Employment Agreement
The Employment Agreement is the contractual agreement between the employer and the employee and it governs the employment relationship between the parties. It is essentially the most important document that governs the working relationship.
In a recent decision, the Ontario Superior Court of Justice has held that an Executor was negligent in carrying out her duties as an executor and trustee of the Estate, and was personally liable to compensate a beneficiary, when she relied on her Co-Executor to establish a trust fund for the beneficiary as required by the Will, but where the trust fund was never established and the Estate funds intended for the trust fund were dissipated by the Co-Executor.
In a recent decision of the Ontario Superior Court of Justice, the Court awarded damages in almost every category of damages sought that are generally available to a wrongfully terminated employee, including punitive damages and damages under the Ontario Human Rights Code.
On January 13, 2016, Scott Chambers presented Top Employment Law Mistakes for Charities and Non-Profits as part of the Canadian Charity Law Association webinar series. Click here for a link to the presentation.
The Apology Act, 2009, is a little known piece of legislation and has not been relied upon in any material or significant manner since its coming into law in 2009, yet the Act is an important piece of legislation in all realms of litigation, including employment disputes.
In the recent decision, Maasland v. The City of Toronto, 2015 ONSC 7598, the Ontario Superior Court of Justice awarded 26 months’ notice to a long term employee after finding that she had been constructively dismissed from her employment as a result of a significant change in her work responsibilities and duties.
In a recent decision of the Ontario Superior Court of Justice, Asgari v. 975866 Ontario Inc., 2015 ONSC 7508, Justice Dow held that references in an employment agreement and employee manual which capped damages for termination at Employment Standards Act, 2000 minimums was not enforceable.
In the recent decision, Markoulakis v. SNC-Lavalin Inc., 2015 ONSC 1081, Justice Pollak of the Ontario Superior Court of Justice held that exceptional circumstances existed to justify awarding the plaintiff 27 months’ notice for 40.66 years of employment with the defendant.
The Ontario Superior Court of Justice recently awarded $100,000.00 in punitive damages for the highhanded and callous conduct of the employer in its termination of an employee. In awarding punitive damages the Court denounced the employer’s refusal to pay reasonable notice and severance pay to the employee on termination.
A confusing situation often arises in determining employee bonus entitlement on termination of employment i.e. is the bonus paid on a pro-rata basis for the notice period or is it paid only if the employee is deemed active on the date of the bonus entitlement?