duty of good faith
At the beginning of a new year, it’s good to wonder what is in store in 2017 for HR law and payroll? Let’s discuss and provide practical steps HR and payroll can take to prepare for these trends and changes.
The question of ‘what constitutes reasonable notice’ is one of the most frequently litigated issues in employment law. There are numerous decisions from every level of court in Ontario which discuss the obligations of an employer to provide a reasonable period of notice to dismissed employees. However, it is a relatively rare occurrence that the Court deals with the inverse – the reasonable period of notice due to an employer by an employee who resigns. While most of us are familiar with the old adage of giving your ‘two weeks’ notice, the recent decision in Gagnon may call into question the sufficiency of such short notice.
One of the most common complaints employment lawyers hear from workers who have just lost their jobs is that they don’t know why they were fired. Many become even more aggravated when they ask for a reason and are told ‘we don’t have to give you one.’ Unsurprisingly, this type of response can often result in the now ex-employee imagining all kinds of innovative rationales as to explain their dismissal.