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Notice, Damages and Settlements

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with 2019 payroll rates, proposed changes to the Employment Insurance Act and issuing ROEs on time.

 

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Employee induced to leave his employment and terminated six months later awarded six months’ pay

Greenlees v. Starline Windows Ltd. demonstrates the willingness of courts to award longer notice periods to short-term employees, particularly when the conduct of the employer induces the employee to leave his previous employment.

 

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Court awards six months’ pay in lieu of notice to employee terminated after six months

In this case, the BC Supreme Court awarded an employee six months’ pay in lieu of notice after he was induced to leave his job for a new position, only to be dismissed six months later.

 

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Choice of law provisions: Application of the Ontario Employment Standards Act to international employees

Can an employer and employee agree by contract that the laws of Ontario, Canada will apply to terms of their employment relationship, even if: (a) the employee works and is physically situated in in Los Angeles, California; and (b) the company is a New Jersey company with its head office in the State of Connecticut?

 

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Q&A: Termination rights for probationary employees

Does an employee have any rights when terminated within the probation period (of 3 months)? This was done after a performance improvement plan was created with warning to employee. The worker was also paid off for 8 weeks with no notice of termination.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with eligibility for private health plans, salary increases in 2019 and sexual assault in the workplace.

 

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Termination clauses: Not just for indefinite employees

In a recent decision, Ontario’s Divisional Court reminds us of the importance of proper termination clauses in fixed term contracts. In Ferguson v. Mitsche & Aziz Inc., the Divisional Court upheld a Small Claims judgment awarding the maximum $25,0000.00 limit in damages to an employee who was dismissed five months into her one-year fixed term contract.

 

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“Cowboy” employer ordered to pay aggravated damages for bad faith termination

In a recent case titled Lalonde v. Sena Solid Waste Holdings Inc. 2017 ABQB 374, the Alberta Court of Queen’s Bench considered whether failing to hear an employee’s side of the story before dismissing him for cause could increase an employer’s liability.

 

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Just cause for dismissal: context is key

Determining what conduct amounts to just cause for dismissal is no easy task. In part this is due to just cause being inherently situation specific. When describing what may constitute just cause, employment lawyers often refer to extreme examples: think of situations where a public-facing employee makes repeated racial slurs to a customer or commits […]

 

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Q&A: Is an employer responsible if employee drives home while high after using prescribed marijuana?

What duty does the employer have with regard to an employee using medical marijuana during the workday and then driving home after work? What if an accident occurs?

 

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Record human rights damage award for injury to dignity, feelings and self-respect: AB v Joe Singer Shoes Limited

The Human Rights Tribunal of Ontario has awarded a record $200,000 as a human rights damage award in the case of AB v Joe Singer Shoes Limited, where the employee suffered injury to dignity, feelings and self-respect resulting from repeated sexual assault and harassment.

 

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Goods news and bad news: ONCA rules on notice requirements during mass terminations

On September 19, 2018, the Ontario Court of Appeal released the decision of Wood v. CTS of Canada Co., and addressed several important issues surrounding mass termination events in Ontario. Specifically, the Court addressed the requirement to post prescribed notices at the commencement of the statutory notice period, that non-consensual overtime demands may dis-entitle employers to credit for working notice, and that notices of termination must always be clear and unequivocal in order to remain valid.

 

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Paying the price: Ontario court reminds employers to carefully consider their approach to litigation

It is important for businesses to carefully consider their response to an employee’s wrongful dismissal claim.

 

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Law firm loses to ex-lawyer over unpaid vacation and holiday pay

This decision in this case affirms that entitlements and obligations need to be clearly outlined out in employment agreements. Courts will almost always resolve ambiguities in favour of employees.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with cannabis legalization and health and safety policies at work, recruiting and talent shortages and maximum common law notice periods.

 

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