A recent decision from the Ontario Superior Court of Justice touches upon a little discussed area of employment law. Specifically, when does the limitation period clock start running for a claim of wrongful dismissal?
Interestingly, the events following termination of employment do not affect an employee’s entitlement to notice. This includes the situation where an employee is terminated and shortly thereafter becomes ill or disabled. Our courts have dealt with this situation by suggesting a longer notice period may be warranted because the employee may find it more difficult to find alternate employment.
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.
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.
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.
This decision is another reminder to employers to ensure that termination clauses provide for all entitlements prescribed by the Employment Standards Act in order for them to be considered valid and enforceable. The company in this case should never have carved out its obligation to provide statutory Severance Pay.
Three popular articles this week on HRinfodesk deal with rehiring a terminated employee; employer’s responsibility for employee privacy breach; and, new Ontario JHSC certification training.
Sometimes, individuals will be dismissed from their jobs at a time when they are on disability leave. There is nothing wrong with this, as long as the decision to dismiss is entirely unrelated to the employee’s disability. For example, if an organization decides to eliminate a department of ten people, one of which is currently […]
It is clear from the relevant statutory and regulatory provisions under the Employment Standards Act, 2000 that an employee whose contract is frustrated on account of illness or injury is entitled to both termination pay and severance pay.
In Wilson v. Atomic Energy of Canada Limited, the Federal Court of Appeal has clarified the impact of the Canada Labour Code on an employer’s ability to dismiss employees without cause.
Three popular articles this week on HRinfodesk deal with statutory severance pay; unjust dismissal; and, napping while on duty.
This post is focused on common traps that many employers fall into in the course of termination. While it is written from the perspective of employers, each of these points applies equally to employees, since an individual that misunderstands these issues will fail to enforce their legal rights and end up leaving substantial amounts of money on the table when they lose their job.
On November 6, 2014, Bill 18, the Stronger Workplaces for a Stronger Economy Act, 2014 received third reading at the Ontario legislature. When Bill 18 receives Royal Assent several significant changes will take effect that will benefit employees.
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.
Last month brought some tragic reminders of the reality of workplace violence and harassment and the obligations that employers have under Occupational Health and Safety Act).