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Many employers include termination clauses in employment contracts to limit their liability when dismissing employees. When employers draft generous termination provisions providing for more than statutory minimums, they must follow through on that generosity when terminating employees. Failing to do so could leave employers exposed to full liability under the common law.
Has an employee who hands over his keys and company cell phone to his employer and declares “I’m done” resigned their employment? The Newfoundland and Labrador Court of Appeal has said that, in at least one case, the answer is no.
A business’ obligations to its workers will depend on whether the workers are employees or independent contractors. However, a recent decision reminds us that, even where a worker is a true independent contractor, this distinction may not preclude a business being liable to third parties, such as customers, when the worker does something wrong.
Registration is now open for the 17th Annual Ontario Employment Law Conference, presented by First Reference and Stringer LLP on Thursday June 2, 2016.
Last days to register for the 15th Ontario Employment Law Conference, on June 10, 2014 at the Mississauga Convention Centre. This event is hosted by First Reference, with presentations by the lawyers at Stringer LLP, experts in the areas of employment and labour law.
Many employers prepare written employment agreements that limit employee entitlements on termination of employment. In the absence of an enforceable termination provision, employees are entitled to notice of termination at common law, or pay in lieu thereof.
In most jurisdictions in Canada, human rights legislation prohibits discrimination on the basis of “family status.” Until recently, few cases were brought alleging discrimination under this branch. However, recent decisions across several jurisdictions have made it clear that employers must be attentive to this ground of discrimination or risk exposing themselves to significant liability.
Courts across Canada have been imposing record high fines and sending business owners, managers and supervisors to jail for Occupational Health and Safety (OH&S) contraventions. The Courts have also made it clear that it will be appropriate in some cases to impose a fine which has the effect of bankrupting an employer. A Court has also held that the Ministry of Labour itself could be liable to accident victims for damages resulting from negligent inspections.
The 15th Annual Ontario Employment Law Conference, is taking place June 10, 2014, at the Mississauga Convention Centre. This event is hosted by First Reference, with presentations by the lawyers at Stringer LLP experts in the areas of employment and labour law.
When a company purchases another business, it is important to consider the legal implications respecting the status of employees. The Ontario Superior Court recently decided a case regarding the validity of an employment contract where an employee had signed an agreement with his former employer but never executed a new agreement when the company was purchased by another business. The plaintiff argued that the employment contract only governed the previous employment relationship. The Court disagreed, finding that the terms of the employment contract still applied.