Author Archive - De Bousquet PC Barristers and Solicitors
In a recent case, the Ontario Court of Appeal upheld a substantial award of moral damages to an employee subjected to long–term sexual harassment, after she made a formal complaint to her manager.
In Ontario, as a new parent, you are entitled to take unpaid time off work for up to 37 weeks to take care of your newborn child (i.e., parental leave). This right applies to both parents, and the employer is legally required to provide you with your old job at the end of the leave. The employer is also not permitted to retaliate, or punish you in any way, for taking the time off to spend with your family. Unfortunately employers often consciously violate these rights and returning employees frequently find that either they no longer have a job, or that the job responsibilities or pay have changed.
While we often help employees who did not receive reasonable notice of termination from their employer, it is often forgotten that employees also owe a similar duty to provide notice to the employer before resigning. This common law duty was the subject of the recent case of Consbec Inc. v Walker. In this case, the BC Court of Appeal reaffirmed the existence of the duty owed by employees to the employer.
The recent decision of Keenan v. Canac Kitchens, confirms that dependent contractors are entitled to reasonable notice of employment termination. The required notice period can extend to years, and such as in this case, amount to 26 months.
In its recent decision in Keenan v. Canac Kitchens, the Court of Appeal for Ontario confirmed that dependent contractors are entitled to reasonable notice of employment termination. The required notice period can extend to years, and such as in this case, amount to 26 months.
Supreme Court of Canada rules that employees of federally-regulated employers cannot be dismissed without cause
The impact of this decision will likely be very substantial for a number of reasons. By requiring federally-regulated employers to always provide just cause when terminating non-unionized employees, the Court significantly expanded on the common law and statutory protections available to a large part of the working population. As a consequence of this decision, employees of federally-regulated employers will now be awarded a significantly higher degree of employment protection than their colleagues in the private sector, whose rights are largely governed by less protective provincial laws.
In the recent decision of Gagnon & Associates Inc. the Court reminds us that both employers and employees have the obligation to provide reasonable notice of intention to terminate the employment relationship.