common-law entitlements

Ontario Court of Appeal finds clarity in termination clause

July 25, 2018 Stringer LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll

The Court’s reversal in this case, while favourable to employers, emphasizes the occasional unpredictability of the law in this area. It is prudent to periodically review your contractual termination provisions for new hires.

common-law entitlements, employment law, pay in lieu of notice, statutory entitlements, Termination clause, termination notice

Termination provisions in employment contracts

January 20, 2017 De Bousquet PC Barristers and Solicitors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

As an employee, by law, you are entitled to reasonable notice of termination of your employment. Employers however, often attempt to limit your legal entitlements by explicitly defining your rights upon termination in the employment contract. In the recent case of Singh v Qualified Metal Fabricators Ltd. an Ontario Court adopted an employee–friendly interpretation of these termination provisions, resolving the potential ambiguities in favour of the employee. While employers are allowed to contractually limit employees’ common–law reasonable notice requirements, they are required to do so with complete precision.

common-law entitlements, employee rights, employment contract, employment law, employment standards act, reasonable notice, Singh v Qualified Metal Fabricators Ltd., termination, Termination clause, termination of employment, Termination provisions, wrongful dismissal

Managing risk in not-for-cause employee terminations

April 22, 2014 Marcia Scheffler Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation

My Human Resources college professors used to ask students on a regular basis when it was OK for employers to terminate employees without cause. The answer, in theory, is that the employer can terminate an employee at any time! However…

Business, common law obligations, common-law entitlements, employment law, employment standards act, just cause, managing terminations, non-unionized workplaces, not-for-cause termination, poor performance, prohibited grounds, reason for the termination, respectful termination, statutory notice, Statutory severance, terminate employees without cause, termination, termination notice, termination pay, termination without cause, terminations, wrongful dismissal

Variables affecting length of notice: age

April 9, 2012 Matt Lalande, Lalande & Company Lawyers Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation

We know that there is no precise method to determine the common-law period of reasonable notice when terminating employees. What has evolved and has been the most quoted case to help with this is the infamous Bardal vs. Globe and Mail. This case tells us that reasonable notice must be decided with reference to each specific case, considering the character of employment, length of service of the servant, the age of the servant and the availability of similar employment, having regard to the experience, training and qualifications of the servant.

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