By Jeffrey Percival and Kate Bresner, Pallett Valo LLP
The US concept of “at-will employment”, which allows for termination of employment for any reason without notice (so long as it is not for an illegal purpose), does not exist in Canada. In Canada, reasonable notice of termination is an implied term in all employment agreements. In order to terminate an employment relationship without cause, an employer must provide appropriate notice or pay in lieu.
By Harmajinder Hayre, Ward Hadaway
Firing someone is probably one of the single most difficult things that you will need to do. Even when the business justification is clear, it can be tough to tell one of your senior executives that you’re letting them go. Set out below are some best practice tips on how to carry out the termination with minimal disruption to the business and, at the same time, allow a senior executive to preserve their dignity and self-esteem on exit.
By Marty Rabinovitch, Devry Smith Frank LLP
As of 11 October 2022, employers in Ontario, Canada with at least 25 employees are required to have a written policy about electronic monitoring of employees. Electronic monitoring software is typically used to surveil the attendance and productivity of those working from home. However, employees working in person will also be entitled to notice of any monitoring software.
By Maria Ruberto & Anna Esposito, Pallett Valo LLP
The Ontario Court of Appeal released its decision in Urban Mechanical Contracting Ltd. Et al. v. Zurich Insurance Company Ltd. on 17 August 2022. It dismissed the appeal and upheld the application judge’s conclusion that prejudice to innocent third parties is not an absolute bar to rescission.
By Nadine van Pol, Baat accountants & adviseurs
In today's market employers are busy filling many vacancies and at the same time retaining their existing staff. This occasionally leads to employers desperately grasping for any means possible to retain staff, which sometimes results in improper use of legal remedies.
By Elisabeth Colson, Devry Smith Frank LLP
Is an offensive act perpetrated in the virtual world a crime? Should one’s avatar accurately depict one’s gender and race? Who will police the metaverse? These are questions to consider as people exchange live interaction for time spent in the virtual world.
By Jeffrey L. R. Kenens, TeekensKarstens advocaten notarissen
Led by the #MeToo movement, the topic of transgressive behaviour in the workplace is more pertinent than ever. The Netherlands are no exception. The popular talent show, The Voice of Holland, for example, was taken off the air in early 2022 because employees of the program had been harassing candidates. The call for stricter legislation on this subject is therefore great. Various experts have argued for a rule of thumb that transgressive behaviour in the workplace in a dependency situation should always qualify as seriously culpable behaviour. However, against all expectations, the Dutch Supreme Court did not agree.
By Natalie Sanders, Brooks, Pierce, McLendon, Humphrey & Leonard, LLP
President Joe Biden vowed to be “the strongest labour president you have ever had”. On 07 February 2022, the White House Task Force on Worker Organizing and Empowerment issued a report containing almost 70 steps to help Biden keep that vow. These recommendations are intended to accomplish the following key goals:
By Maaike Koot, TeekensKarstens advocaten notarissen
On 01 August 2022, the Directive “Implementing the EU Directive on Transparent and Predictable Terms of Employment” (hereafter: the Directive) must be implied by all members of the EU. This Directive entails a number of important consequences for employers and employees.
By Raf Uzar, Penteris
The terms “leadership” and “leader” have almost become throw-away terms today with a whole plethora of professionals ready to offer advice on how to progress, improve, and develop in being a “leader”. Yet times have changed and the demands on leaders are very different now from what they were some 30 to 40 months ago. Online and hybrid working is now part of the workplace environment and coping with this new demand – this new standard – is part of the leadership remit.