Articles about Labour and Employment Law

In the News – Online Obscenity

Toronto Internet Lawyer discussed the legality of posting the Luka Magnotta video on the Best Gore website with the national and international media. Mr. Zvulony took the position that the posting of the video violated Canada's obscenity laws.
By sailko (Own work) [Public domain], via Wikimedia Commons

Head-Hunted and Then Terminated

Toronto Employment lawyer discusses how a "head-hunted" employee who is later fired can claim damages for inducement to leave previous employment.

Things to Watch for in a Severance Package

If you have an employment law issue or question, feel free to contact Toronto Employment Lawyer Karen Zvulony for a consultation. If you have been asked to sign a release or have been offered a severance package and would like legal advice regarding your rights then please fill out the Severance Package Review form

What is Reasonable Notice?

The amount of notice an employee is entitled to is dependant on a number of factors. The Ontario Employment Standards Act provides minimum notice periods. Notice periods under the common law are usually longer.

What is Just Cause for Dismissal?

Toronto Employment lawyer Karen Zvulony discusses the legal meaning of 'just cause' for terminating without providing reasonable notice or payment instead of the notice.

What is Constructive Dismissal?

As a general rule, employees who quit their employment are not entitled to compensation from their employer. However the exception to this general rule is where an employee quits because their employer unilaterally and fundamentally changed the conditions of employment. The law classifies such situations as a ‘constructive dismissal’. In other words, the employer did not directly dismiss the employee but the employer changed the job so completely that the employment contract was effectively at an end.

Termination Clauses in Employment Agreements

A termination clause is a statutory compliant clause in a written employment agreement that clearly specifies the amount of notice, or compensation in lieu of notice, an employer will provide an employee upon termination of the employment.
By Pete O'Shea [CC BY 2.0 (], via Wikimedia Commons

The Legal Implications of Blogging at Work

The web log, or “blog,” an online diary where a person publishes his or her thoughts and opinions, is one of the most popular forms of expression on the internet. It has been estimated that one in seven people has a blog nowadays, and while many of those people are college students or bored celebrities, some bloggers have jobs. And for some of them, it is starting to seem like blogging might put them in danger of losing those jobs.
By BP22Heber (Own work) [CC BY-SA 3.0 (], via Wikimedia Commons

Non-Competition, Non Solicitation, and Confidentiality Clauses

Toronto Employment Lawyers examines the distinction between non-solicitation, non-competition, and non-disclosure agreements and their legality according to Ontario and Canadian Law.

Non-Competition Agreements – A Lesson to Employers

The Ontario Court of Appeal's decision in Lyons v. Multari [1] has reconfirmed the notion that an employer has an uphill battle in enforcing a non-competition clause in an employment agreement. MacPherson J.A., writing for the Court, reiterated that generally a non-solicitation clause will provide adequate protection for an employer, and only in exceptional cases will the nature of the employment justify a non-competition clause. The Court sought to strike a balance between the freedom of contract and the public policy importance of discouraging contracts that restrict competition. In doing so, the Court once again warned employers that when drafting restrictive covenants, they should take only what they need.

Lying on a Resume or during a Job Interview: Some Legal Implications

What effect does a misrepresentation, made by an employee during the recruitment process, have on the employment contract? Can an employer terminate an employee for lying during an interview or on a resume? Generally speaking a misrepresentation made by an employee during the recruitment process may allow the employer to terminate the lying employee and may be used as a defence in a wrongful dismissal case. In some cases the misrepresentation may allow the employer to sue the employee for damages resulting from the misrepresentation.