Non-compete agreements and clauses are common in employment contracts. Employers use non-compete clauses to protect their business interests from competition from former employees. Often the non-compete will set out a geographic space and time within which a former employee is prevented from competing in a certain activity.
In a recent case titled Ste-Croix v. Al-Hashi mi and Jawad Dentistry, following a termination without cause the Ontario Superior Court of Justice canvassed what constitutes "reasonable notice" and the factors the court will consider, what comprises reasonable efforts to mitigate damages, and when a motion for summary judgment is preferable to an unnecessary trial.
The recent case of Radikov v. Premier Project Consultants Ltd et al. is a cautionary tale of the importance of good faith in contractual relations after the Ontario Superior Court of Justice dismissed Premier’s appeal, finding Premier had acted as a "puppeteer" by keeping Mr. Radikov at its "beck and call" for roughly three months before attempting to terminate his fixed-term contract just two days before completion and refusing to pay Mr. Radikov’s outstanding invoices.
If the duty to accommodate is a well-known concept, the duty to inquire is a fuzzy notion. The principle is that an employee seeking accommodation for a disability is under a duty to disclose sufficient information to her employer to enable it fulfill its duty to accommodate. However, current decisions from various tribunals have shown, in accordance to the previous rules, that an applicant will not be held to a high standard of clarity in communication.
Reinstatement is the practice of re-installing an employee to his/her position as it existed prior to termination, or to the fullest extent possible, which may include the preservation of their pre-existing seniority, pension and other benefits.
In a recent case titled Merrifield v. Canada (Attorney General), the Ontario Superior Court of Justice affirmed that the tort of harassment is a valid cause of action and may be pleaded against an employer by an employee.
An employee who has been dismissed without cause is entitled to damages based on the income that individual would have earned during a period of reasonable notice. "Reasonable notice" will differ from case to case, but is determined by a variety of factors at the judge’s discretion. When calculating the income that the employee is entitled to, many factors must be assessed, such as bonuses.
In a recent case titled Doyle v. Zochem Inc., the Ontario Court of Appeal upheld a decision to award both moral damages and damages pursuant to the Human Rights Code without subtracting one from the other. This case involved a female supervisor who was demeaned and belittled by a male manager in front of the rest of her work staff. Upon filing a complaint for sexual harassment, the employer terminated her without cause.
In a recent case, the Ontario Court of Appeal upheld a substantial award of moral damages to an employee subjected to long-term sexual harassment, after she made a formal complaint to her manager. Unfortunately, such behavior from employers continues to persist despite the present anti-discrimination laws, and hopefully cases like these set a trend of strong enforcement, which would serve as a more effective deterrent to employers. In this case, the employee worked for the employer for almost a decade, and was the only woman in the workplace at the time she was fired. The employee was subjected to continuous…
As a new parent, you are entitled to take unpaid time off work for up to 37 weeks to take care of your newborn child. This right applies to both parents, and the employer is legally required to provide you with your old job at the end of the leave. The employer is also not permitted to retaliate, or punish you in any way, for taking the time off to spend with your family. Unfortunately employers often consciously violate these rights and returning employees frequently find that either they no longer have a job, or that the job responsibilities or…