Jeffrey R. Smith

Jeffrey R. Smith

Jeffrey R. Smith is the principal writer and editor of Canadian Employment Law Today and is also the employment law editor for Canadian HR Reporter. He has more than a decade of experience covering employment law issues and notable court decisions for these publications. Jeffrey’s areas of expertise include terminations, employment standards, constructive dismissal, and workplace human rights.

Jeffrey has maintained a blog discussing employment law issues since 2009 and hosts webinars on various topics featuring experts in the HR and legal professions. He also writes for Canadian Labour Reporter, summarizing recent arbitration decisions.

Jeffrey avidly follows several sports — and has dabbled in sports writing — and also enjoys sitting down with a good book.

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Single provision breaching Ontario ESA voids employment contract

'There was nothing in that termination provision that met the willful conduct threshold – being bad on purpose'

Single provision breaching Ontario ESA voids employment contract

Service before first firing a factor in notice entitlement after second dismissal

Ontario Court of Appeal finds break in service, but employer benefited from worker's experience

Service before first firing a factor in notice entitlement after second dismissal

Ontario employer must pay $50,000 in moral damages after misleading worker

'We're inching closer towards that duty of good faith and bargaining that we see in labour relations'

Ontario employer must pay $50,000 in moral damages after misleading worker

Ontario arbitrator upholds firing of long-term LCBO worker for safety violation

Worker 'failed to take any responsibility for his actions or acknowledge what he had done wrong'

Ontario arbitrator upholds firing of long-term LCBO worker for safety violation

Alberta worker not an employee, but contract wrongfully terminated: court

'It was a total failure to demonstrate the wrongdoing that was alleged'

Alberta worker not an employee, but contract wrongfully terminated: court

Reasonable notice – of resignation?

Some employees may have to provide reasonable notice beyond the traditional two weeks

Reasonable notice – of resignation?

Alberta worker has no regrets for safety incident – and then no job

'It's really important… to show awareness of mistakes and a willingness to reform'

Alberta worker has no regrets for safety incident – and then no job

Field operator's third relapse causes undue hardship for employer

'They had a very even-handed approach when he relapsed – the response was always 'Let's get you some help''

Field operator's third relapse causes undue hardship for employer

Long-time employee's notice period capped at 24 months, then reduced

'I don't think the courts view an employee's wish to change career direction as a reasonable basis not to mitigate'

Long-time employee's notice period capped at 24 months, then reduced

Ontario worker’s termination for culpable absences not discriminatory

Employer distinguished between absences supported by medical documentation and those with none

Ontario worker’s termination for culpable absences not discriminatory