Canadian Employment Law Today

February 12, 2020

Focuses on human resources law from a business perspective, featuring news and cases from the courts, in-depth articles on legal trends and insights from top employment lawyers across Canada.

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PM41261516 Emplo y ment Law Today Canadian B.C. worker driven to leave PG. 4 Unfair investigation and allegations of cause lead to $45,000 in unjust dismissal and aggravated damages for mentally ill worker Optometrist sees red over employee's behaviour Former owner of practice allowed to remove items not included in sale, but lack of notice and rude behaviour terminated employment contract BY JEFFREY R. SMITH AN ONTARIO optometrist who sold his practice and continued to work under a fixed-term contract pro- vided just cause for termination with insubordinate and unprofessional behaviour, the Ontario Superior Court of Justice has ruled. Steven Frohlich was a licensed optometrist who sold his Toronto practice to Yunfan Zhang in November 2015. As part of the agreement of purchase and sale (APS), Frohlich received money as well as a one-year employment contract running from Dec. 23, 2015 to Dec. 22, 2016. The APS also listed several items of equipment and property that Zhang could keep with the practice — including specialized optometric equipment and stated that Frohlich was "to leave on the premises all chattels, fixtures, equipment and leasehold improvements and additional items specified in the APS herein..." A few months later, Zhang installed closed-circuit security cameras in the office. In late spring 2016, Frohlich and his wife removed Another failed attempt to enforce restrictive covenants Ontario executive misled former employer when he left, but restrictive covenants covered industry knowledge and customers too broadly BY NIVEDA ANANDAN EVERY EMPLOYER fears the moment that a high-level executive departs for a competitor. With such exits in mind, employers frequently rely upon restrictive covenants to protect their business interests. However, as affirmed by the Ontario Superior Court of Justice in Camino Modular Systems Inc. v. Kranidis, broad and overly restrictive covenants that protect more than an employer's proprietary interests may not be the answer. Antonios Kranidis worked for Camino Modular Systems and Global Integrated Floor - ing Solutions (collectively Global IFS) from January 2015 until he resigned four and one- half years later. At the time of his resignation, February 12, 2020 Cannabis in the workplace PG.3 What employers and employees need to know to keep workplaces safe and productive in the age of legal cannabis NO OWNERSHIP on page 6 » CREDIT: G.TBOV SHUTTERSTOCK CONDUCT on page 7 » with Brian Johnston Ask an Expert PG. 2 Vacation pay and termination pay

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