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Wrongful resignation: rarely worth the effort
Less well known is the corollary of wrongful dismissal: wrongful resignation. Just as employers are obligated to give notice prior to terminating the employment relationship, so too are workers.
Vey Willetts LLP
4 minutes read
February 15, 2024 
When are virtual termination meetings appropriate?
Virtual meetings, including virtual termination meetings, are here to stay. Thus, when ending the employment relationship, employers should aim to break the news in as sensible, respectful, and accessible setting as possible.
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When is a worker both an employee and a contractor?
Worker classification has become a major source of conflict in Canadian employment law. Most media attention in this regard has been given to classification disputes by gig workers (such as the case of whether Uber drivers are employees or contractors). But even outside of the gig economy, classification-related class actions against businesses of all types have been on the rise.
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Old non-compete agreements are still valid in Ontario
The Working for Workers Act, 2021 (the “WWA”) passed into law on December 2, 2021. One of its more notable aspects was to ban the use of non-compete agreements in Ontario. Non-compete agreements restrict how workers may conduct themselves both during and after employment. Most importantly, they can prevent employees from working at competing businesses for long periods (often for several months or years) after the employee’s job has ended.
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Old age and the duty to mitigate loss
Employment lawyers spend a lot of time thinking about age. A worker’s age can have a myriad of implications, ranging from available training opportunities to the impact of different generational norms. Age is also frequently a focus in wrongful dismissal litigation. The seminal decision of Bardal v. Globe & Mail Ltd., 1960 CanLII 294 (ON SC) specifies that a worker’s age is one of the key components that must be assessed when determining dismissal entitlements.
Vey Willetts LLP
Are workplace investigations required before dismissing employees for cause?
Workplace investigations have become substantially more common in recent years. In large part, this has been driven by statutory changes which mandate that employers must conduct investigations in certain circumstances (such as where allegations of harassment or violence are raised).
Vey Willetts LLP
The power of Rule 49 settlement offers
Lake v. La Presse (2018) Inc., 2021 ONSC 4459 (“La Presse”), is a recent example of an employer effectively using Rule 49 to its advantage.
Vey Willetts LLP