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Portion Control

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That’s the two-part secret of smart eating–you don’t have to eat everything on your plate, and if you’ve got trouble with that, put less on the plate to begin with.

But the same rules apply in our daily lives. If a meeting is scheduled for an hour, you’re allowed to leave after ten minutes if you’re done.

The hard part isn’t ‘portion’, it’s ‘control’. Self-control is underrated.

The digital economy has created an endless buffet, and it’s easy to overeat. When confronted with infinity, is it okay to blink?

Portions are up to us.
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The Enforceability Of Employment Arbitration Agreements In Question

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Some employers include arbitration clauses in their standard form employment agreements as the arbitration process can be a confidential and cost-effective method of resolving legal disputes with employees. However, the recent decision by the Ontario Superior Court of Justice in Rhinhart v. Legend 3D Canada Inc., 2019 ONSC 3296 (Rhinehart), calls into question the enforceability of arbitration clauses in employment agreements. As a result, employers who utilize such should review whether they wish to continue to do so given their limited value in employment relationships. Read More...

Ontario Court Of Appeal Affirms "Cap" Of Twenty-Four Months Absent Exceptional Circumstances

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On June 19, 2019, the Ontario Court of Appeal released a decision in Dawe v. Equitable Life Insurance Company of Canada. One of the issues in the case which will be of interest to Employers concerned the Plaintiff's entitlement to notice, and whether an award of thirty (30) months was appropriate in the circumstances. Read More...

Employee's Attempt To Solicit Clients From Former Employer Proves Costly

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Restrictive covenants (such as non-competition and non-solicitation clauses) are a common feature of many employment agreements. It is relatively rare, however, that companies resort to litigation to enforce these requirements by way of an injunction. This may be down to the costs associated with doing so, or that the required legal threshold to obtain an injunction is high.

There are circumstances, however, where it will make sense to seek an injunction. In order to obtain an injunction against a former employee (i.e. to force a party to stop doing something), an employer must be able to demonstrate that:

  • there is a serious issue to be tried; and
  • the employer will suffer irreparable harm if the injunction is not granted (i.e. harm that cannot be quantified in monetary terms or cannot be cured by the payment of damages).
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Recent Court Of Appeal Decision Highlights The Risks Of Re-Hiring Formerly Terminated Employees

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Employers are increasingly aware of their obligations to investigate workplace sexual harassment and provide a workplace free of workplace sexual harassment. The recent decision of the Ontario Court of Appeal in Colistro v Tbaytel confirms that employers must be cautious even in hiring decisions. In this case, the Court of Appeal upheld the lower court's decision finding that it was constructive dismissal to re-hire a former employee who had a history of victimizing a current employee by sexual harassment. Constructive Dismissal is where the courts determine that the employment relationship was terminated despite no deliberate step – such as a termination meeting – to end the employment relationship. Read More...
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