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pay in lieu

Going global: Ontario Superior Court grants severance pay based on non-Ontario payroll

A recent French language decision from the Ontario Superior Court of Justice indicates that more employers could be subject to liability for an employee entitlement often relegated to the role of afterthought: severance pay.

 

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Summary judgment motion may help circumvent the litigation process in some cases

Rule of law

Wrongful dismissal claims are the bread and butter of employment lawyers. We deal with a wide variety of issues, from complex litigation involving harassment and discrimination to proactive work like drafting contracts and policy manuals. However, many clients come to us because they need to pursue or defend a claim that, at its core, is focussed on the amount of notice or dismissal, or pay in lieu thereof, that the former employee is entitled to.

 

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Are your employment contracts enforceable?

2014 Ontario Employment Law Conference

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.

 

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Duty to fairly and thoroughly investigate alleged misconduct before taking disciplinary action

One aspect of the law relating to termination of employment that has developed in recent years is the obligation of an employer to fairly and thoroughly investigate alleged misconduct before taking disciplinary action. Several decisions over the past few years have made it clear that if an employer fails to investigate, or fails to investigate properly, before dismissing an employee for cause, they are likely to face damages for wrongful dismissal, as well as extraordinary damages relating to the matter of dismissal and the impact on the employee.

 

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Termination clauses can be void even if only a possibility they could violate Employment Standards Act

As those who read my comments regularly will know, I recommend that every employee be asked to sign an employment agreement that sets out, among other things, the amount of notice or pay in lieu thereof that will be required in the event of a dismissal without cause. Such a provision will eliminate all of the uncertainty that typically arises at the time of dismissal when the parties must assess, negotiate and possibly litigate what “reasonable notice” would be in light of all the circumstances.

 

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