By Howard Levitt and Peter Carey
Heraclitus of Ephesus (c. 535 to c. 475 B.C.) is known for the doctrine that essentially states “the only constant in life is change.”
He must have been an employment lawyer in Ancient Greece.
We are frequently asked by both employers and employees why, with an army of lawyers working on employment law issues, we can’t give more concrete advice (i.e. advice without qualifications). We are asked, haven’t you figured this out already?
Here’s the problem: employment law changes. It changes frequently, and the changes can be substantive. A large part of what we do is simply keeping abreast of new developments in the law that will affect our clients. These can occur right in the middle of a case and radically change its outcome.
FP Work touches on HR strategy, labour economics, office culture, technology and more.
A wise old lawyer once said that litigating is like standing on shifting sand and that a smart litigator constantly re-examines the premises upon which they build their case.
It has happened again! This past summer, the Ontario Court of Appeal released two decisions that clarified several issues in employment law. Now that these issues have been dealt with, we must examine all of our cases to ensure that we are correct in our assessments of their outcomes.
The first case dealt with the issue of the equity component of income in a wrongful dismissal situation.
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