Just cause refers to serious misconduct or behaviour by an employee that gives an employer the legal right to terminate employment without notice or compensation. Examples include:

• Repeated absenteeism or failure to attend work
• Attending work while under the influence of drugs or alcohol
• Theft, fraud, or dishonesty
• Failure to correct poor performance after warnings or guidance
• Harassment, inappropriate conduct, or workplace misconduct

This list is not exhaustive. Whether just cause exists depends on the specific circumstances and is assessed on a case-by-case basis.

The fairness of a severance package depends on many factors, including the employee’s length of service, age, position, the terms of the employment contract, and the industry in which they work. Because every situation is unique, what may be fair for one employee may not be fair for another.

For this reason, it is in your best interest to have any severance package reviewed by an employment lawyer before you accept it. A lawyer can assess whether the offer complies with legal requirements and advise you on whether additional compensation or benefits should be negotiated.

Harassment can take many forms, but generally it refers to improper conduct by one person that is directed toward another and is offensive, harmful, or unwelcome. It includes behaviour that the harasser knew, or ought to have known, would be perceived as harmful or offensive.

Examples of workplace harassment include:

• Physical intimidation
• Bullying
• Ostracizing
• Inappropriate comments
• Unwelcome sexual behaviour or touching

If you are faced with an allegation of workplace harassment, it is strongly recommended that you speak with a lawyer before agreeing to anything, signing any documents, or providing a written response. A lawyer can help you understand your rights, obligations, and the best course of action.

Restrictive covenants are clauses in employment contracts that limit certain activities after employment ends. They are designed to protect an employer’s business interests but are only enforceable if they are reasonable in scope and duration.

Common types of restrictive covenants include:

• Non-compete agreements: preventing an employee from working for a competitor for a set period of time.
• Non-solicitation agreements: prohibiting an employee from soliciting the employer’s clients, customers, or employees
• Confidentiality agreements: restricting the use or disclosure of sensitive business information

In practice, these provisions are often drafted too broadly or applied in ways that go beyond industry norms. Employees may sometimes take information with them that they should not, and employers may respond either too aggressively or too passively depending on the situation.

Understanding the range of available solutions from reminders and negotiated resolutions to formal legal action helps ensure that rights are protected, obligations are enforced, and a clear path forward is established for all parties involved.

Labour law is a specialized area that governs workplaces where employees are represented by a union and a collective bargaining agreement is in place. Disputes involving unions or collective agreements, such as grievances, bargaining rights, or unfair labour practices, fall within the scope of labour law.

Employment law, by contrast, generally applies to non-unionized workplaces and covers issues such as wrongful dismissal, severance, harassment, and restrictive covenants.

If your matter involves a union or a collective agreement, it is in your best interest to seek advice from a lawyer with expertise in labour law.