Contract Clarity Serves Employers Well

Traditionally, it has been difficult to convince courts to enforce termination clauses in employment contracts. This has been particularly difficult in the Province of Ontario. Commenters have suggested that most of the difficulty for employers stems from the fact...

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If You Promise the Stars…Deliver

By Graeme McFarlane A recent case from Ontario illustrates a shift in judicial thinking with respect to the creation and operation of the employment relationship.  A short service employee won a judgement providing him with $500,000 in extra contractual damages...

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Don’t Make Promises You Can’t Keep

By Graeme McFarlane Imagine it—you’re on the verge of securing a big contract. In anticipation, you hire additional staff to hit the ground running. You are certain that the contract is in the bag, and the talent market is tight....

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Human Rights Tribunal Flexes Power

By Graeme McFarlane Is zombie culture spreading to the courtroom?  Issues employers thought were long dead coming back to life and returning to the workforce.  A recent decision by the Ontario Human Rights Tribunal should strike a fear similar to...

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The Age of Uncertainty: No Horizon Line for Retirement

By Graeme McFarlane As the baby boomers age, the make up of the Canadian workforce is changing.  Economic uncertainties combined with longer life spans have prompted employees to work longer than in previous times. Historically, employers could reasonably expect employees to...

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Reacting to Riots: Firing From the Hip

By Graeme McFarlane Overtime is finished and the home team suffers a heartbreaking loss.  The season of hopes and dreams comes to a disappointing end. Later, the news reports civil unrest and rioting.  Images of looting, burning cars and attacks...

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Accommodating Employees’ “Family Status”: Soon to be a Legal Imperative?

By Sarah Forte In the era of the “sandwich generation,” many employees are balancing work with significant family obligations – caring for children, aging parents, or both. Many employers seeking to retain valued employees have been considering and implementing temporary...

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Star Wars: Avoiding Anton Piller

By Graeme McFarlane You have just pulled off the greatest coup of your career.  Through careful positioning your main competition has just lost its regional account manager for your area.  He’s agreed to work for you.  You’ve hired a prince. He...

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