Unfair severance deal is non-binding

For 28 years, Edward Cain worked in Ontario and Alberta with Metropolitan Life. When Clarica bought Metropolitan, it offered him continuing employment under an agreement permitting dismissal on 30 days’ notice. He had never been subject to such an onerous term at Metropolitan. Within two years, Clarica grew dissatisfied with Cain’s managerial skills. It provided [...]

End of mandatory retirement shreds workplace fabric:

‘Till death do us part.” That optimistic phrase has been dropped from most marriage contracts, even certain ceremonies. But, following last week’s announcement by the Ontario government, the employment contract is now burdened with it. Mandatory retirement at 65 years will soon come to an end, effective one year from the date the legislation receives [...]

Employee can be sued for wrongful resignation

Did you know you can be sued for resigning? When Gary Bradley found a new position, he wasted no time in submitting his resignation — a resignation that left his employer, Carleton Electric, without its manager and with unfulfilled contracts. To make matters even worse, Bradley provided little notice. He was prepared to stay a [...]

Get proof ‘stressed’ employee isn’t just after paid vacation

Stress is real. But it seldom equates to a paid absence. Too many employees habitually drop off cryptic notes from doctors excusing them from working. I have heard of instances where doctors have provided such notes before even meeting the employee. More often, they see their patients, but perform no objective tests. Even if they [...]

Employee left hanging by sale

Brent Fleet was increasingly impatient. EPC, his employer of 16 years, in announcing his division was being sold, had assured him the new buyer would be making him an offer. But no offer had yet arrived. When it finally did, just one week before closing, impatience morphed into fury. Fleet had risen to the position [...]

Employers need to protect customer base: Sales plunged 96%

Imagine watching your sales plunge 96% after one employee quits. Ohio-based car marketer Gunning and Associates (G&A) experienced that sinking feeling when their star Canadian salesman, Steve Kesler, quit and started his own business to compete directly. In 2001, G&A had expanded into Canada by hiring Kesler. After signing a detailed employment contract, Kesler began [...]

Employer pays heavily for misconduct

As one of the original employees in Honda Canada Inc.’s Alliston, Ont., plant, Kevin Keays was proud of his record. When he was there, his work was highly regarded. But he was often not at work. At one point, Keays was away on disability for more than two years. Even when he returned, his absenteeism [...]

No prejudice in Canada, you say?

Not long after his boss, Rob Neal, referred to him by the slave name Kunta Kinte, Mark Smith, a black male, was out of a job. That was the start of his 10-year legal odyssey. Smith was employed by a Mr. Lube franchise for nearly three years. While receiving a string of promotions, he was [...]

Many little offences can tip the scale in firm’s favour

Gian Daley should have seen the writing on the wall before he hit it. His employer, Depco, slavishly adhering to its progressive discipline policy, was “writing him up” relentlessly. Daley was counselled, warned verbally, in writing, suspended and, finally, dismissed. Undaunted, he sued for wrongful dismissal. From his perspective, he had worked hard for 13 [...]