Termination Provisions Scrutinized in Dufault Case
A recent decision of our Superior Court out of Thunder Bay has caught our attention (and the attention of most employment lawyers) as another example of the court broadening the application of the Ontario Court of Appeal’s 2020 Waksdale case.
The Side Effects of Moonlighting During Working Hours
With the increase in remote and hybrid work arrangements, employers are increasingly being faced with situations where employees have taken on “side hustles” or “side gigs.” In Dove v Destiny Media Technologies Inc., 2023 BCSC 1032, the Supreme Court of British Columbia found that an employer had “just cause” to terminate a full-time employee who worked on a side business during working hours.
Employers, Review Those Employment Agreements!
Since the 2020 decision in Waksdale v Swegon North America Inc., 2020 ONCA 391 (“Waksdale”), it has been more difficult for employers to argue the termination provisions in their employment agreements are enforceable.
Hiring a Remote Worker Living Outside of Ontario? Read This First
Remote work continues to be a commonplace work arrangement in the post-COVID-19 world. During the COVID-19 Pandemic, many individuals living in Ontario left urban centres for rural parts of Ontario, and some left the province altogether.
Accepting Reality: Adjusting to the changed contractual reality for employers in Ontario
The Court of Appeal’s decision in Waksdale v. Swegon North America Inc., 2020 ONCA 391 will not be heard by the Supreme Court of Canada. The case remains the leading authority for interpreting termination provisions in employment agreements in Ontario.
Update on Employment Contracts
We have seen quite a few legal developments in 2020 from our highest courts with respect to the employment relationship and employment contracts in particular.