Notice of termination
June 7, 2013 Stuart Rudner Employee Relations, Employment/Labour Standards, Human Resources, Recruiting and Hiring,
Those of us that practice employment law understand that our Courts will not hesitate to deem a termination clause in an employment agreement unenforceable if they are provided with a reasonable basis upon which to do so. In recent times, we have seen two noteworthy cases that have dealt with termination clauses and been decided in favour of the employee. Employers and their counsel should be mindful of these cases as they implement employment agreements, if they hope to be able to rely upon them.
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May 8, 2013 Stringer LLP Employee Relations, Employment/Labour Standards, Human Resources, Recruiting and Hiring,
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.
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May 1, 2013 Michele Glassford Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Recruiting and Hiring, Union Relations,
The recent decision by an Ontario Small Claims Court (Cao v. SBLR LLP) , even though only at the small claims court level and unlikely to set any legal precedent, is nevertheless a reminder to employers and employees alike that we often tend to assume things about the law which are not true, only to be surprised by the facts when an aggrieved employee decides to challenge an employer’s action.
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March 11, 2013 Alison J. Bird Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits,
If an employee negotiates a termination package with an employer but does not sign a release, can they successfully claim additional pay in lieu of notice in a court action? Interestingly, the Ontario Superior Court recently held that the answer for one employee in these circumstances was “no”.
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January 24, 2013 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Human Rights, Payroll, Wages and Compensation,
The three most viewed articles on HRinfodesk this week deal with psychological health and safety, a wrongful dismissal claim that applied ‘rule of thumb’ principal and a court ruling about a workplace accident because employee failed to follow instructions.
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January 8, 2013 Stringer LLP Employee Relations, Employment/Labour Standards, Human Resources,
A well-drafted contract protects not only the company but also its employees and senior personnel. In a recent decision,…
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October 15, 2012 Alison J. Bird Employee Relations, Employment/Labour Standards, Human Resources,
The British Columbia Supreme Court recently expressed disapproval of a claim for constructive dismissal on the basis of negative treatment where the plaintiff was an active participant in the creation of the toxic work environment.
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September 20, 2012 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources,
The three most viewed articles in this week HRinfodesk newsletter deals with assessing a probationary employee, dismissing an employee based on a serious misconduct and the upcoming workplace mental health standard…
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August 23, 2012 Matt Lalande Accessibility Standards, Employment/Labour Standards, Health and Safety, Human Resources, Standard for Employment,
Every month I have the benefit of drafting a quick blog on great employment law topics. A case that I very recently read, which is probably the best employment case I have ever read, catalyzed my interest in drafting a quick primer on the law of just cause. In the case of Barton v. Rona Ontario Inc. (2012 ONSC 3809) the plaintiff Kerry Barton was an assistant store manager at Rona in Barrie. He managed approximately 140 employees. One of the employees was wheelchair bound…
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April 25, 2012 Earl Altman Employee Relations, Employment/Labour Standards, Human Resources
An employer decides to dismiss an employee without notice and without legal cause. Subsequent to the dismissal, in reviewing the employee’s work, the employer discovers a number of errors which, if known at the time, would have been sufficient to support a dismissal for cause. Can the employer successfully argue cause in defence of a wrongful dismissal claim? This is a question I have been asked many times by employers, as a review of a dismissed employee’s work after dismissal often reveals significant errors or, in some cases, outright dishonesty.
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July 28, 2011 Yosie Saint-Cyr Employment/Labour Standards, Human Resources
On July 15, 2011, several workers showed up to work as usual at IQT Solutions, only to be told that their employer had unexpectedly shut down its Canadian operations: three call centres, one in Ontario and two in Quebec. About 1,200 IQT employees were suddenly unemployed with no final paycheque, vacation pay or notice of termination.
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July 5, 2011 Earl Altman Employment/Labour Standards, Human Resources
One of the difficulties faced by plaintiffs’ counsel in wrongful dismissal litigation is the length of time it can require to get a case to trial and obtain monetary compensation for the dismissed employee. Obviously, a plaintiff without a job is sensitive to the costs and delay which may result. This issue can often be addresses by way of a Motion for Summary Judgment.
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September 21, 2010 Earl Altman Employment/Labour Standards, Human Resources
Most employers understand a claim for damages for wrongful dismissal as arising from the termination of an employee’s employment without adequate cause or notice. It can be argued that this in fact reflects a misconception of the nature of the employment contract. Except in certain limited cases of federally regulated companies,…
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