Landon Young discusses recent case law on the enforceability of ESA termination provisions.
Jeremy D. Schwartz / About Author
Related Posts
Court finds Abandonment for Failure to Return to Work or Provide Medical
Disability management is a challenging issue for HR professionals. An employee with a disability may require an extended absence from…
09 Sep 2015
Mitigation – A duty to act in your own professional interest
When no work is available in a particular field, dismissed employees may undertake reasonable mitigation efforts by pursuing re-training to…
30 Dec 2016
Federal Court of Appeal Rules on When Federal Employers Must Appoint a Workplace Violence Investigator
The Canadian law on workplace violence and harassment continues to develop, particularly in relation to the duty to investigate. Employers…
22 Mar 2016
2020 – An HR Law Year in Review
In 2020, employers were faced with unprecedented legal challenges brought on by the pandemic. Meanwhile, the courts and tribunals issued…
15 Jan 2021
Early Bird Registration Now Open: 16th Annual Employment Law Conference
Stringer LLP and First Reference are proud to host the 16th Annual Ontario Employment Law Conference in Mississauga. We invite business owners and…
03 Mar 2015
Termination Clauses: Clearly Restrictive Language Necessary for Enforceability
The Alberta Court of Appeal recently upheld a trial decision that struck a termination clause down as unenforceable. The Facts…
15 Feb 2018
Jurisdiction Over First Nations’ Employment and Labour Issues: Is it Federal or Provincial?
Jurisdiction over employment in First Nations and aboriginal employers can be a complicated issue. Until recently, different courts seemed to…
13 Sep 2011
Employers Not Liable for Tort of Negligent Investigation – But… – Jeffrey Murray and Jeremy Schwartz
Employers Not Liable for Tort of Negligent Investigation – But… – Jeffrey Murray and Jeremy Schwartz
21 Jul 2008
Court Strikes Down Release Signed on Termination of Employment – Landon Young & Jeremy Schwartz
By: Landon Young & Jeremy Schwartz A release of claims signed by an employee upon termination has been struck down…
18 Jun 2012
Quebec Introduces Incentives With New Work-life Balance Certification
The government of Quebec has recently introduced new incentives for businesses to promote work-life balance, through its “work-family balance certification”…
15 Apr 2011
Class Action for Unpaid Overtime Derailed: Is this the End of High-profile Overtime Class Proceedings? – Landon Young and Ryan Conacher
Class Action for Unpaid Overtime Derailed: Is this the End of High-profile Overtime Class Proceedings? – Landon Young and Ryan…
29 Jun 2009
Ontario Government Announces Details of the Ontario Retirement Pension Plan
By: Jeremy Schwartz and Jessica Young Recently, the Ontario Government provided new details regarding the Ontario Retirement Pension Plan (the “ORPP”). The…
31 Aug 2015
Responding to Human Rights Harassment Complaints: Guidelines from the HRTO – Jeremy Schwartz
Responding to Human Rights Harassment Complaints: Guidelines from the HRTO – Jeremy Schwartz
10 Jul 2009
Pay in Lieu of Notice by Salary Continuance Deemed Implicit Right
The Ontario Superior Court of Justice recently ruled in Bowes v. Goss Power Products Ltd., that a fairly standard termination provision…
29 Sep 2011
Reporting Bad Conduct to Regulator Defamed Ex-Employee
The Court of Appeal recently confirmed that an employer defamed an ex-employee when the employer filed a false report with…
04 Dec 2018