Water Cooler Justice

The episode features a discussion on the case of Adelman versus IBM Canada, focusing on the entitlement to bonuses, RSUs, and damages post-termination. The panelists discuss the uncertainty and challenges in employment litigation, the interpretation of saving provisions, and the distinction between stock options and RSUs. They also explore the implications of RSUs as wages from employment and the...

“Employment income earned during the notice period is generally to be treated as mitigation of loss”. Join employment law leaders Nina Gupta, Ellen Lowe and Chris Robertson as they delve into the pivotal Williamson v. Brandt Tractor case, reshaping our understanding of mitigation and wrongful termination payments. Discover why the evidentiary threshold for just cause is challenging, how recent cas...

Barry Fisher and Matthew Dewar join Chris Robertson and Sarah Goodenough to discuss Kirchmair v EXP Global Inc. This episode dives into a high stakes, alleged constructive dismissal and offers a nuanced analysis on issues surrounding contractual termination provisions, various bonus structures, damages tied to incentive compensation, and when employer conduct crosses the threshold into moral and p...

Chris and Sarah sit down with special guest, Rich Dias to explore the fascinating intersection of macroeconomics with wrongful dismissal disputes. From the famous Bardal factors and reasonable notice periods, to unemployment rates and economic cycles - this episode truly has it all. Whether you're an employment lawyer, an economics nerd, or simply a curious mind drawn to the unexpected overlap bet...

"Two compensation schemes that look almost identical on paper can lead to wildly different outcomes.” Chris Robertson and Sarah Goodenough are joined by employment lawyers Ellen Low and Sean Bawden to unpack the murky and increasingly high-stakes world of restricted stock units (RSUs). In this episode, the panel compares Wigdor v. Facebook Canada and Liggett v. Veeva Software System, two recent On...

Ellen Low and Matthew Dewar join Chris Robertson and Sarah Goodenough to discuss Chan v. NYX Capital Corp. This case explores the limits of probationary employment and what happens when employers attempt to contract out of the Employment Standards Act. The panel dives into the meaning and implications of the phrase “at any time for any reason” in termination clauses, and why small drafting choices...

"The toughest cases in the world to predict the outcome are short service people. There’s no other word for it, they’re just a complete and utter mess." Barry Fisher and Robert Richler join Chris Robertson to discuss Kondaj v. Crossbridge Condominiums . In this episode, the panel unpacks the complexities of determining reasonable notice for short-service employees and explores whether notice func...

"We have put all this work in and none of it will matter if the decimal is in the wrong place, or the release has two extra words we didn't notice." Matthew Fisher and Matthew Certosimo join Chris Robertson and Sarah Goodenough to discuss Preston v. Cervus Equipment Corporation and Bertsch v. Datastealth Inc. The common theme in these two cases is that employment law is not as unfair to employers...

"Do you think that awards are going up? Or do they seem stuck?" Muneeza Sheikh and Ellen Low join Chris Robertson and Sarah Goodenough to discuss Galea v. Walmart. Here, the topic of punitive damages in the world of employment law is described in length, and the panel talks about the implications damages might have in cases with larger corporate wrongdoers. Additionally, the panel gets into the re...

Stuart Rudner and Barry Fisher join Chris Robertson and Sarah Goodenough to discuss Dufault v. The Township of Ignace. They discuss how the termination provision was struck not only for violating Waksdale but went further identifying new attacks on termination provisions including "at any time", a phrase that is as ubiquitous as "without cause" in employment agreements. They explore the challenges...

Let's talk about mediation. In this episode of Water Cooler Justice, Chris Robertson discusses the intricacies of mediation in employment law with Andrew Monkhouse and Barry Fisher. They explore the mandatory mediation system in Ontario and the impact of contingency fees on mediation outcomes. The conversation also delves into the challenges faced in settling disputes and the various mediation sty...

This episode is all about just cause. Chris Robertson, Barry Fisher, and Stuart Rudner discuss the implications of dishonesty in the workplace, the standards of conduct expected from senior employees, and the legal principles surrounding just cause dismissals. The panel emphasizes the importance of integrity and the contextual approach courts take in employment law. They also discuss practical str...

"This is a classic example of what judges should do." Chris, Barry, and Matt Dewar discuss a recent wrongful dismissal case. The panel explores notice periods, the implications of COVID-19 on job searches, and the legal arguments surrounding mitigation of damages. They delve into the strategies employed by both the employer and the employee, providing insights into employment law practices and the...

"This case is like a law school exam!" Chris, Barry, and Ellen examine the wrongful dismissal case Jimmy How Tein Fat v. PRGX Canada Corp. and share their thoughts. They touch on minimum payments, the onus on employers to show a failure to mitigate, and even the disadvantage of using AI tools to calculate payments. Tune in for an entertaining conversation and learn what the prevailing thoughts and...

Welcome to Water Cooler Justice a new podcast by Robertson Law that will explore the push and pull of business and fairness through the lens of employment. In each episode, we will hear a real life example of workplace drama, the rights of the employee and responsibility of the employer, and our approach to a fair turn out. Each episode will feature guests from the industry and we will hear their...