First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

statutory notice period

Don’t take a chance on it: The uncertainty of ESA-only termination clauses

In January 2017, the Ontario Superior Court of Justice released its decision in Cook v. Hatch upholding a less than perfect termination clause that failed to reference statutory severance pay or provide for continued health benefits during the statutory notice period. A month later, the Court of Appeal responded with its decision in Wood v. Fred Deeley Imports Ltd. where it overturned a motion judge’s ruling upholding a similar termination provision. And so, the age old debate about the enforceability of ESA-only termination provisions rages on.

 

, , , , , , , , , , ,

Common traps that many Ontario employers fall into in the course of termination

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.

 

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

The fine art of determining notice for dismissal: ‘old habits die hard’

Probably the most prevalent misconception in the area of employment law is the notion that all employees are entitled to “one month per year” as notice of termination without cause. This has, in the past, been referred to as the golden rule. In spite of repeated judicial pronouncements that the rule no longer applies, human resources professionals continue to apply it.

 

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