First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

claims of wrongful dismissal

Limitation periods and statutory severance pay: an update

An interesting decision from the Ontario Superior Court came out last recently concerning when the limitations period begins to run for claims of wrongful dismissal and statutory severance pay. In the case in question, the Court held that the limitation period to claim unpaid statutory severance pay commences as soon as working notice of dismissal is issued to an employee.

 

, , , , , ,

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: an employer who wrongly relied on probation clause to retract offer of employment, a recent Conference Board of Canada report that shows employees are struggling to balance work and eldercare, and protecting your right as an employer to impose temporary layoffs.

 

, , , , , , , , , , , , , ,

Defendants’ apologies found not admissible in civil proceedings or pleadings

The Apology Act is lesser-known piece of Ontario legislation which came into force in 2009. The Act allows defendants in a civil proceeding to communicate sorrow or regret to the other party, without their apology being used against them later in court.

 

, , , , , , , , , , , , ,

Assessing whether just cause is warranted: A yearly review

In the course of updating my text, You’re Fired! Just Cause for Dismissal in Canada, I review every single court and arbitrator’s decision dealing with just cause for dismissal. Not surprisingly, these can be pretty entertaining. However, the cases also confirm a few truths:

 

, , , , , , , ,

Desperate times do not justify desperate measures

In Trites v. Renin Corp, the court considered “the novel and perplexing legal issue” of whether an employer that is experiencing significant financial difficulties can unilaterally impose a temporary layoff on an employee in the absence of an express or implied term in the contract of employment to support the employer’s action.

 

, , , , , , , , , , , , , , , ,