First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

reasonable termination notice

Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with Statistics Canada 2013 study on hours worked and labour productivity; Bardal factors; and, the award of punitive damages for failure to investigate workplace harassment.

 

, , , , , , , , , , , , ,

Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with reasonable notice of termination and the definition of salary or wages under the Income Tax Act.

 

, , , , , , , , , , , , , , , , , ,

Employers ask: what conduct by an employee constitutes cause for dismissal

frustrated-cause-for-dismissal

I am frequently asked by employer clients to describe what type of conduct by an employee will be held by the courts to qualify as cause for dismissal. Employers are often frustrated by the answer they receive – that it seems that nothing less than stealing money from the company will suffice. In the case of long time employees without prior instances of misconduct, theft may still be insufficient. A recent decision of the Ontario Superior Court has fortunately clarified the circumstances in which courts will find cause for dismissal as a result of dishonesty. What is striking about the decision is the reliance of the judge on a seemingly insignificant act committed by a nineteen year employee.

 

, , , , , , , , , , , , , , , , , , , , ,

Most-viewed articles this month 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 […]

 

, , , , , , , , , , ,

Employer paid no notice or severance when it terminated employee of 36 years without cause

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

 

, , , , , , , , , , , , , , , ,

Failure to work notice period did not take away right to sue for damages

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.

 

, , , , , , , , , , , , ,