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Notice

British Columbia Supreme Court rules on reasonable notice when an employee is terminated before their first day of work

In Buchanan v. Introjunction Ltd., 2017 BCSC 1002, the Court considered a case where the employer terminated the plaintiff’s employment before he commenced work. The Court rejected employer’s argument that the probation period clause applied to limit its liability to provide notice of termination of employment.

 

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Ontario court: “Total payroll” must be considered when assessing employer severance pay obligation

The Wissing case is an important decision for Ontario employees and employers alike. It confirms that in assessing an employee’s entitlement to statutory severance pay, the Courts will look at the employer’s total payroll, not just that of its Ontario operations.

 

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While there may be damages for employee’s lack of resignation notice, there is no reliable substitute for an enforceable restrictive covenant…

A 2016 decision of the BC Court of Appeal is a good reminder to BC employers of the purpose of an employee’s obligation to provide reasonable notice of resignation and, if breached, what an employer can expect to recover. It also underscores the value of an enforceable restrictive covenant.

 

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Ontario Court of Appeal suggest deference to trial judge in interpretation of termination clause

The Ontario Court of Appeal weighed in, to some extent, on the hot issue of enforceability of termination clauses in a recent decision. In this case, the clause at issue was written in French. The Applicant argued that the Motion Judge’s interpretation of the clause only referred to “notice” and not “severance” and therefore the termination clause was an unlawful attempt to contract out of the Employment Standards Act because it did not expressly provide for the payment of severance and there are a number of cases suggesting such clauses are void.

 

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Personal emergency leave provisions took precedence over deemed termination clause

An employee left work early for an emergency dental appointment without notifying her employer. Should the employee be terminated immediately?

 

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Most-viewed articles this week on HRinfodesk

Beware of terminating long-term employees without proper notice The Ontario Superior Court of Justice decided that an employer terminated a 65-year-old long-term employee without the proper amount of notice or severance. As a result, the employer had to pay hefty damages, interest and costs awards. Entitlement to paid sick leave and termination pay denied The […]

 

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Is severance pay required when an employee is terminated?

When I speak at conferences, I am often asked the following question: “Is severance pay required when an employee is terminated?”

Before this question can be answered, we have to first confront the difficulty that some payroll terms traditionally used to describe both termination, as well as any payments resulting from this event, haven’t always been defined with the greatest of clarity. My preference has always been for those terms that convey the clearest meaning of the related employment standards and source deduction requirements.

 

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Strengthen personal data security; avoid the Sony experience

Customers and employees entrust their personal information to businesses on a daily basis and expect that these businesses will treat that information with the care and respect it deserves by implementing the proper safeguards to keep it safe. However, just recently…

 

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