by Stacey R. Ball | Feb 3, 2023 | employee or dependent contractor, Employment Contracts, Employment Law, General
It is a commonplace for employers to include restrictive covenants in employment contracts in order to try and protect their business from future competition should the employee. Restrictive covenants are non-competition and non-solicitation clauses. These types of... 
by Stacey R. Ball | May 26, 2022 | Cause for dismissal, employee or dependent contractor, General
Workplace violence, as defined under the Ontario Occupational Health and Safety Act, includes not only physical violence but also statements or behaviour that can be interpreted as threats of violence. The Act further imposes an obligation on employers to take every... 
by Stacey R. Ball | Mar 8, 2022 | employee or dependent contractor, Employment Law, General, Wrongful Dismissal
This decision concerns the termination of a public sector employee and the interplay between two pieces of legislation: the Federal Public Sector Labour Relations Act and the Public Service Employment Act. The legal principles discussed herein may not be relevant... 
by Stacey R. Ball | Mar 6, 2022 | employee or dependent contractor, Employment Law, General, Wrongful Dismissal
On March 7, 2019, Mr. Czerniawski had an argument with a co-worker. The encounter quickly became heated. Emotions were high, voices were raised and, allegedly, threats were made. Mr. Czerniawski was instructed to leave the work premises but refused to do so. Police... 
by Stacey R. Ball | Mar 4, 2022 | employee or dependent contractor, Employment Law, General, Wrongful Dismissal
In the event of a termination without cause, employees are generally entitled to a reasonable notice period. The purpose, of course, is to provide dismissed employees with an opportunity to find alternative suitable employment. At common law, reasonable notice periods... 
by Stacey R. Ball | Mar 3, 2022 | employee or dependent contractor, Employment Law, General, Wrongful Dismissal
An arbitration decision released January 12, 2022 has joined the persistently growing list of decisions upholding COVID-19 vaccination mandates, as well as the discipline contemplated for those employees who fail to meet the mandate’s requirements. In Teamsters Local... 