Wilful Misconduct: How to Draw the Line?

Large man being violent towards smaller workers

Ontario employers may be surprised to know that termination with just cause come with two standards – the common law standard and the statutory standard. We break down some of the factors in our latest blog post.

Drafting Non-Competes in Canada: Clarity is Key

Agreements

The Ontario Court of Appeal recently provided helpful guidance on drafting employment non-competes. While non-competes are generally prohibited in Ontario, except in executive agreements, the reasoning described by the ONCA is a helpful guide throughout Canada. More inside.

Duty to Warn: Cause Termination Pitfalls and Risks

Sleeping Employee

Cause terminations are risky endeavors and require solid evidence and preparation. Warning an employee that their behaviour could lead to a cause termination is crucial. We break down a very old and very new case on the subject.

Employee Fiduciary Duties and Obligations

All for one one for all

Higher level employees may be considered fiduciaries of an organization. This means they have a greater level of responsibility and obligation regarding confidentiality, non-solicitation and non-competition among other obligations. We break down a recent case regarding those duties.

Right to Disconnect

Legislation

As of June 2, 2022, employers in Ontario with 25 or more employees will be required to implement a written “Right to Disconnect” policy. This requirement was included in the recently passed Bill 27, a.k.a. Working for Workers Act.