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Dismissal

Reinstatement is a potential remedy, but not in this case

While monetary damages are the usual result of legal actions, we all know that in some contexts, reinstatement is a potential remedy. It can occur in grievance arbitrations, human rights claims, and other circumstances.

 

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Do all arbitration clauses in employment agreements violate the ESA?

In Rhinehart v Legend 3D Canada (2019 ONSC 3296) Justice Sanfilippo was faced with a motion by the defendants to stay the action as the employment contract had an arbitration clause that said as follows:

 

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Failure to repeat termination clause after multiple promotions voids clause

In McKercher v Stantec Architecture (2019 SKQB 100), Justice Elson had a situation where at the time of his hiring as a staff architect, the plaintiff signed an enforceable contract limiting his notice to a maximum of 3 months.

 

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Top five things to consider when dismissing an employee

The decision to terminate an individual’s employment is not an easy one. At times, however, whether due to economic pressures, or poor performance, it may nevertheless be necessary.

 

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Failure to disclose planned layoff costs employer 22 months pay and 20K punitive damages

Mr. Jonasson, a 55 year old engineer with 22 years’ service with Nexen Energy was thinking about either retiring or taking a leave of absence. He decided to request a six month leave of absence. The employer agreed to his leave request if he entered into an agreement about the company’s obligations at the end of his leave.

 

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Mutual release set aside due to fraudulent misrepresentation

In Markicevic v York University (2018 ONCA 813), the Ontario Court of Appeal upheld the lower court’s decision to set aside a settlement with its ex-employee to whom they had paid 36 months severance pay only to find out later that he had actually ripped them off for a million dollars.

 

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Employee caused data breaches: What’s an organization to do?

Data and privacy breaches caused by hacking and social engineering fraud are here to stay. Once considered an emerging risk, cyber is now a reality facing every organization.

 

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Ontario superior court confirms that frustration of contract is a two-way street

The legal doctrine of frustration of contract is well known to employment lawyers but its application is not all that intuitive to the average employer or employee.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with the length of the notice period, reasonable grounds for dismissal and mandatory JHSC training moving online.

 

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Changing one’s mind about retirement

May an employee who has resigned her position of employment by way of a notice of retirement later rescind her written notice of retirement? If so, under what conditions may she do so?

 

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Business purchasers use employment contracts to try to ‘cover their assets’ – Can it work?

In the case of Krishnamoorthy v. Olympus Inc., was the offer of employment by the new employer adequate consideration, thus creating a new binding contract?

 

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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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Ontario court overturns just cause dismissal and awards over $97,000 in damages

It is acknowledged by the courts that a just cause dismissal in employment law is tantamount to “capital punishment in the criminal justice system.” While just cause dismissal does require that a high threshold first be established, it will, in certain circumstances be an appropriate and necessary response.

 

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Tips on the right way to fire employees in Ontario

Each employee dismissal will come with its own unique circumstances and challenges. However, with sufficient planning, organization and sensitivity to the employee, it is possible to get through the dismissal process in respectful fashion, while avoiding the creation of problems that may later come back to haunt the employer.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with marijuana in the workplace, proposed parental leave benefit and workplace harassment as a WSIB claim.

 

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