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reasonable notice

Termination clauses – The legal debate

It appears that the saga of judicial interpretation and consideration of termination clauses will continue, with predictably unpredictable results. Courts will enforce termination clauses that limit an individual’s entitlement to notice of dismissal, but the onus will be on the employer to show that the clause should be enforced.

 

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Wrongful resignation: Revisiting the employee obligation to provide reasonable notice

The outcome in the following case is another example of why employers should think twice prior to launching wrongful resignation claims.

 

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Ontario Court of Appeal rules that dependent contractors are entitled to reasonable notice

In its recent decision in Keenan v. Canac Kitchens, the Court of Appeal for Ontario confirmed that dependent contractors are entitled to reasonable notice of employment termination. The required notice period can extend to years, and such as in this case, amount to 26 months.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: a case where an employee was deemed to be constructively dismissed after a temporary layoff; a decision that leaves employers questioning their bonus policies; and salary projections for 2017 released by The Conference Board of Canada.

 

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“Age is an impediment”: Fair severance for older employees in Ontario

Courts have previously recognized that older employees may struggle to find comparable re-employment. In a recent decision, the Ontario Superior Court of Justice awarded 24 months’ common law reasonable notice to a dismissed employee who was 61 years old at the time of dismissal. This decision provides some helpful direction and guidance for employers that move to terminate the employment of older, long service employees from their organization.

 

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Employers: A shining example of how not to treat your employees

Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly. A prime example of employer misconduct for failing to accommodate and providing reasonable notice is the case of Strudwick v Applied Consumer & Clinical Evaluations Inc. This case highlights a number of important lessons for employers.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: legislative amendments that expanded the access to Employment Insurance benefits; a case where a former employee was awarded six months’ compensation in lieu of notice after she had declined a severance package offered to her by the employer; further recent updates regarding the Accessibility for Ontarians with Disabilities Act.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: a case where an employee who was told to, “Get out!” constituted constructive dismissal; a case that addresses the question of whether an employer can restructure the workplace in good faith without constructively dismissing an employee; and a case that looks at whether federally-regulated employees can be terminated without cause.

 

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More bad news for fixed term contracts

A few months ago we commented on a case where a fixed term contract caused an employer significant liability because it did not allow for early termination prior to the end of the fixed term. The Ontario Court of Appeal recently released a decision, Howard v. Benson Group Inc., which provides a further warning about the use of fixed term contracts.

 

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Contracts and employment agreements

All employment relationships in Ontario are deemed to be contractual, whether or not a written contract is in place between the parties. When there is no written contract, the common law (judge-made law) imports a number of obligations into the contract that will bind the employer and the employee.

 

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Reasonable notice required of both employers and employees – Superior Court of Ontario

In the recent decision of Gagnon & Associates Inc. the Court reminds us that both employers and employees have the obligation to provide reasonable notice of intention to terminate the employment relationship.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: A case that applies a three-part test to determine just cause; a case that provides a reminder that both employers and employees are required to give reasonable notice of termination at the conclusion of an employment relationship; and a case where an employee failed to provide sufficient medical evidence supporting her absences, therefore her termination was deemed justified.

 

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Silence proves costly: employment agreements and reasonable notice

Employers who fail to incorporate a binding termination clause into their written employment agreements may face significant, and unexpected, liability for severance. This lesson was learned the hard way by Qualified Metal Fabricators (“QML”) in a recent case out of Toronto.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: The federal government’s consultation launch on the Canada Labour Code to provide federally regulated workers more flexibility in their work hours; a matter where the Ontario Court of Appeal deemed that an employer’s financial circumstances is no excuse for unreasonable notice; and a matter that deals with the Ontario Labour Relations Board’s jurisdiction over medical marijuana.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: a case where an employee was given the ultimatum to take a demotion or go; a case where an employee used the OHSA’s work refusal provisions to avoid work assignments he did not like; and an inquiry of whether an employer confers a benefit to an employee by paying premiums with respect to an employee assistance program.

 

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