reasonable notice
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.
Cao v. SBLR LLP, common law notice, employment contract, employment standards act, fitness for the job, just cause, Notice of termination, Ontario Small Claims Cour, policies and practices dealing with employment contracts, policies and procedures, probationary employees, probationary period, reasonable notice, suitable for the job, terminated "at will", termination, terminations, terms and conditions of employment, the doctrine of "just cause", three months of employment
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,…
alleged tortious conduct, employment contract, employment law, Exclusion Clause, exclusionary clause, intentional infliction, limitation of liability clause, management, Notice of termination, Ontario Court of Appeal, protects manager from personal liability on employee termination, reasonable notice, severance payment, termination, termination of her employment, terminations, wrongful dismissal action
November 12, 2012 Alison J. Bird Employee Relations, Employment/Labour Standards, Human Resources,
In AMEC Americas Limited v. MacWilliams, 2012 NBCA 46, the New Brunswick Court of Appeal held that an employer’s defence that an employee failed to mitigate his damages by refusing to accept its settlement offers had no merit. As leave to appeal the decision was recently refused by the Supreme Court of Canada, the current answer to our question (at least in New Brunswick) is “no”.
common law notice, damages, denial of liability, disputes and litigation, employee's legal entitlement, failure to mitigate, full and final release, New Brunswick, obilgation to pay damages, reasonable notice, settlement offer, Supreme Court of Canada, wrongful dismissal
November 5, 2012 Matt Lalande Employee Relations, Employment/Labour Standards, Human Resources,
A few months ago I provided a contribution to this blog concerning an update on the law of just cause. I am doing so again with today’s blog, not for the fact that I am really interested in the law of just cause, but rather, judicial decisions that supported the defendant’s termination for just cause are quite uncommon and the factual circumstances are always quite interesting, such as in the newly released decision of Mykki Cavic v. Costco Wholesale Canada Limited.
benefits carrier, benefits insurer, Costco Wholesale, damages, dishonesty, employment law, employment relationship, falsifying health benefit claims, forgery, just cause, Manulife, misappropriation of benefits, reasonable notice, self-insurer, termination for just cause, terminations, wrongful dismissal
August 21, 2012 Alison J. Bird Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation,
There is an implied term of the employment contract that when an employee is terminated without cause, they will be provided reasonable notice of termination. (Of course, an employer can avoid the reasonable notice requirement by including an express provision regarding termination in the employment contract.)
award damages, Bardal v. Globe & Mail Ltd, employment contract, employment law, length of reasonable notice, notice period, pay in lieu of notice, reasonable notice, reasonable notice of termination, severance arrangement, terminated without cause, termination, working notice
August 9, 2012 Yosie Saint-Cyr Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation,
The Ontario Superior Court of Justice just decided that although an employee was constructively dismissed when he was suddenly “laid off,” the employer did not owe the employee any damages because he failed to mitigate his loss.
constructive dismissal, constructively dismissed, duty to mitigate, employment agreement, employment contract, employment law, failure to mitigate, reasonable notice, termination, termination notice, terminations, wrongful dismissal
July 25, 2012 Alison J. Bird Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation,
On June 21, the Ontario Court of Appeal reversed the trial decision in Bowes v. Goss. It held that the duty to mitigate does not apply where an employment contract contains a clause setting out an employee’s severance entitlement arising from a termination without cause. However, the decision maintains the duty to mitigate where it is expressly incorporated in the employment contract.
common law reasonable notice, duty to mitigate, employment contract, employment law, fixed notice period, reasonable notice, severance, severance entitlement, termination without cause, terminations, wrongful dismissal
June 11, 2012 Matt Lalande Employee Relations, Employment/Labour Standards, Human Resources,
Increasingly, Canadian courts have recognized an in-between class of agents that are not technically employees or not technically independent contractors. Over the past few years, our courts have come up with a hybrid category of agents called “dependent contractors.” These are independent individuals who work so closely with employers, and whose relationship status with their “employer” is so sufficiently long-lasting, as to allow them entitlement for reasonable notice.
contractor, dependent contractors, economic dependency, employee, employment law, employment relationship, hybrid position, independent contractor, intermediate or hybrid class, McKee v. Reid’s Heritage Homes Ltd., ontario, reasonable notice, Sarnelli (cob as East End Lock and Key) v. The Effort Trust Company, Self-employed, type of employee
April 27, 2012 Christina Catenacci Employment/Labour Standards, Human Resources
The Ontario Superior Court of Justice just 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 award
Age at termination, damages, employment law, long-term employee, mitigation, notice period, reasonable notice, reasonable termination notice, statutory obligations, statutory requirements, Statutory severance, supervisor, termination, termination notice, termination without cause, wrongful dismissal, years of service
April 5, 2012 Stuart Rudner Employee Relations, Employment/Labour Standards, Human Resources
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.
dismissal without cause, employment standards act, minimum standards, ontario, pay in lieu, reasonable notice, termination, termination notice, termination without cause, Wright vs. The Young and Rubicam Group of Companies (Wunderman)
March 12, 2012 Matt Lalande Employment/Labour Standards, Human Resources
A wrongful dismissal lawsuit can be a potential nightmare for companies no matter what size. Lawsuits carry with them complex claims that are often convoluted and difficult to understand for the non-legal specialist. This blog post will offer a brief overview of the parameters of some of the damages which can be claimed within the context of a wrongful dismissal lawsuit.
aggravated damages, bad faith, damages within the context of employment law, employment law, employment standards act, mental distress, payment in lieu of notice, punitive damages, Quantum, reasonable notice, Supreme Court of Canada, termination, terminations, wrongful dismissal
March 1, 2012 Stuart Rudner Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits, Wages and Compensation
The recent decision of the British Columbia Supreme Court in Szczypiorkowski v. Coast Capital Savings Credit Union is not particularly groundbreaking, but it does affirm a number of important points for employers…
annual bonus, Bardal, Bonus entitlement on termination, breach of policy, employment law, Ferguson v. Kodak Canada Inc., inappropriate email, just cause, mitigation, notice period, reasonable notice, reference letter, sexual harassment, Szczypiorkowski v. Coast Capital Savings Credit Union, termination, withdrawing just cause claim, wrongful dismissal
January 27, 2012 Christina Catenacci Employment/Labour Standards, Human Resources
Here’s an interesting case from the British Columbia Court of Appeal. When an employer left a termination letter on a bus driver’s seat for him to find, The Court found there was inadequate notice of termination. The fact that the bus driver left work immediately instead of working the notice period did not negate his right to sue for damages in lieu of notice.
BC, breach of contract, British Columbia, common law, Damanges, employment law, inadequate notice of termination, reasonable notice, reasonable termination notice, repudiation of the contract, termination, termination letter, working notice, wrongful dismissal
January 11, 2012 Matt Lalande Employee Relations, Employment/Labour Standards, Human Resources
Employers should never accept resignations from employees that are upset. It simply casts a “wider net of possible financial exposure” if things turn nasty. In other words, judges or juries probably won’t sympathize with the issue of resignation acceptance if the employee is genuinely and legitimately upset (not because someone misplaced their red stapler).
employment law, Kieran v. Ingram Micro, mitigation, notice of resignation, notice period, offer to resign, quit or be fired, reasonable notice, resignation, termination, valid resignation, voluntary acceptance, withdraw resignation, wrongful dismissal, wrongful resignation
October 6, 2011 Stuart Rudner Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation
As I and others have frequently commented, there is widespread confusion and misunderstanding regarding how our courts determine the amount of notice of dismissal (sometimes referred to as “severance”) an employee is entitled to. The recent decision of the Saskatchewan Court of Queen’s Bench in Coppola v. Capital Pontiac Buick Cadillac GMC Ltd. provides a fairly thorough analysis.
amount of notice of dismissal, Bardal v. The Globe & Mail Ltd., Coppola v. Capital Pontiac Buick Cadillac GMC Ltd., Dismissal, employment law, Hall v. Canadian Corporate Management Co., Honda Canada Inc. v Keays, Issacs v. MHG International Ltd., length of notice period, length of notice requirements, length of service, lengthier notice periods, McNevan v. AmeriCredit Corp, notice of dismissal, period of reasonable notice, reasonable notice, reasonable notice of termination, severance, termination
Hi John, Thanks for your comment. Check out paragraph 67 of the decision: "Accordingly, none of what I have written above is to suggest or... – May 22, 4:38 PM
This is really spin doctoring the decision. My firm appeared at the Court of Appeal for an intervenor the University of Saskatchewan. Whatever the Supreme... – May 22, 1:00 AM
