termination of employment

Ontario superior court confirms that frustration of contract is a two-way street

March 15, 2019 Vey Willetts LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

The legal doctrine of frustration of contract is well known to employment lawyers but its application is not all that intuitive to the average employer or employee.

Dismissal, employment law, frustration of contract, termination of employment

Three popular articles this week on HRinfodesk

February 14, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Health and Safety, Human Resources, Notice, Damages and Settlements, Payroll, Training and Development, 0

The three popular articles this week on HRinfodesk deal with the length of the notice period, reasonable grounds for dismissal and mandatory JHSC training moving online.

Dismissal, dismissal without notice, employment law, joint health and safety committee, Notice periods, termination of employment

Off-duty drunk driving not just cause for termination – Even for a firefighter

June 27, 2018 Stringer LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, 0

In Klonteig v West Kelowna (District), the British Columbia Superior Court found that an employer that terminated a firefighter for driving drunk in a fire department vehicle while off duty did not have just cause to terminate his employment.

bad faith damages, BC Superior Court, degree of misconduct, drunk driving, just cause, Longteig v West Kelowna (District), off-duty conduct, principle of proportionality, termination, termination of employment, termination without cause

Termination of employment does not terminate ability to apply for LTD benefits

May 11, 2018 Occasional Contributors Employee Relations, Health and Safety, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, 1

The case discussed in this article is important because it is a common concern of those who become disabled that they will cease to have access to LTD coverage if their employer terminates their employment before LTD benefits commence. What this decision appears to stand for is the proposition that it does not matter when employment ends, it matters when the injury or illness commenced.

benefits coverage entitlement, Benefits group insurance, brain injury, employee group benefits, employment law, human rights, long term disability claims, LTD benefits, termination, termination of employment

Termination clause and the importance of the word “minimum”

February 27, 2017 Jeff Dutton, Dutton Employment Law Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation

Employees are entitled to reasonable notice upon termination of their employment. However, a termination clause contained in an employment contract may oust the employer’s obligation to provide reasonable notice, so long as the termination clause actually limits the employee’s entitlement to notice, without violating employment standards.

Clarke v. Insight Components (Canada) Inc., employee termination, employment law, employment standards act, employment standards code, Kosowan v Concept Electric, Miller v. A.B.M. Canada Inc., Nutting v Franklin Templeton Investments Corp, Termination clause, termination of employment

Requesting background checks after employment starts

February 15, 2017 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Union Relations, Wages and Compensation

In a recent Ontario Superior Court decision it was held that an employer’s decision to request a criminal background check after employment had commenced was lawful under the applicable 12–month fixed term contract and the employee was not entitled to damages when her employment was terminated after she refused to consent to the background check.

background checks, background checks during employment, Covenoho v. Pendylum Inc., employment law, employment standards act, termination of employment, termination pay

Termination provisions in employment contracts

January 20, 2017 De Bousquet PC Barristers and Solicitors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

As an employee, by law, you are entitled to reasonable notice of termination of your employment. Employers however, often attempt to limit your legal entitlements by explicitly defining your rights upon termination in the employment contract. In the recent case of Singh v Qualified Metal Fabricators Ltd. an Ontario Court adopted an employee–friendly interpretation of these termination provisions, resolving the potential ambiguities in favour of the employee. While employers are allowed to contractually limit employees’ common–law reasonable notice requirements, they are required to do so with complete precision.

common-law entitlements, employee rights, employment contract, employment law, employment standards act, reasonable notice, Singh v Qualified Metal Fabricators Ltd., termination, Termination clause, termination of employment, Termination provisions, wrongful dismissal

Illness or disability during the notice period

December 5, 2016 Occasional Contributors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation

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.

disabled employee, duty to mitigate, employment agreement, employment law, entitlement to notice, ill employee, notice period, reasonable notice, Severance pay, termination, termination of employment, wrongfully terminated

Three popular articles this week on HRinfodesk

September 29, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Penalties and Fines, Pensions and Benefits, Union Relations, Wages and Compensation

The three popular articles this week on HRinfodesk deal with: a case where an employer’s appeal to not pay unpaid wages and termination pay was somewhat successful; a matter where an arbitrator issued very different decisions when it came to two employees who grieved their terminations; and two cases that address employee entitlement to damages in lieu of a bonus on termination.

Bonus entitlement on termination, bonus payment, damages in lieu of a bonus on termination, employment law, employment relationship, employment standards act, rehabilitating employer trust, termination, termination of employment, termination pay, unpaid wages

Pregnant employee awarded damages in discrimination claim

September 26, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Penalties and Fines

In a recent matter heard before the Human Rights Tribunal of Alberta (the Tribunal), it was decided that an employer discriminated against its employee in the course of her employment, on the ground of gender, in both sexual harassment and pregnancy. Such action is contrary to the Alberta Human Rights Act. In coming to its conclusion, the Tribunal had to address whether the employee had established a prima facie case of discrimination. If so, did the employer have a defence to the discrimination?

defence to discrimination, discrimination and pregnancy, employment law, human rights act, Moore test, pregnant employee, prima facie case of discrimination, protected ground of gender, sexual harassment, termination of employment

Three popular articles this week on HRinfodesk

July 28, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Union Relations

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.

Canada labour Code, constructive dismissal, damages in lieu of reasonable notice, employment contract, employment law, employment relationship, Employment termination, federally regulated employers, Potter Test, reasonable notice, repudiation of employment contract, termination of employment, workplace restructuring

Three popular articles this week on HRinfodesk

June 16, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Penalties and Fines, Privacy and Security, Source Deductions and Reporting, Union Relations, Wages and Compensation

The three popular articles this week on HRinfodesk deal with: A case where an employee was awarded $25,000 in damages because the employment contract contained a termination clause that could not be enforced; a case that addresses whether an employer, in a safety sensitive workplace, can require an employee to undergo a post-incident breathalyzer alcohol test and a urine drug test after a workplace incident; and a CRA document that addresses, where a payment received for work-related travel expenses exceeds the costs incurred, is the excess amount included in income under the Income Tax Act?

employee alcohol and drug test, employment contract, employment law, employment standards act, Income Tax Act, minimum notice and severance, safety-sensitive workplace, Termination clause, termination of employment, Termination provisions, work-related travel expenses, work-related travel expenses exceeds the costs incurred

Three popular articles this week on HRinfodesk

May 26, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Payroll, Penalties and Fines, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation

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.

Canada Revenue Agency, cause, constructive dismissal, CRA, demotion, Disciplinary measures, employee assistance program, employee benefit, employment law, employment standards act, HRinfodesk, occupational health and safety act, paying premiums, performance reviews, reasonable notice, rights under OHSA, termination of employment, work refusal, wrongful dismissal

Negotiating BYOD cell phones at termination

April 13, 2016 Lisa Stam, Spring Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, HRMS, Human Resources, Privacy and Security, Recruiting and Hiring, Union Relations

You bring the employee into the boardroom, have an awkward 5 minute discussion about restructuring and the elimination of her role, thank her for her years of service, hand her the termination package with the various settlement package details, request that she returns all company property and offer to help her pack her personal items.

Then, she asks about her cell phone. Can she keep the phone? Can she keep the phone number?

BYOD, BYOD policy, cell phone, cellphone, contractual term, employment contract, employment law, Ownership of the digital assets, permit an employee to bring in their own device, policies and procedures, termination of employment, termination package

My former employee left behind some personal property. What can I do with it?

April 5, 2016 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Privacy and Security, Union Relations

Employees occasionally leave behind personal property following termination of employment. Whether it is discovered immediately or long after the employee has departed, many Alberta employers would be surprised to learn that they have certain obligations to that former employee with respect to the treatment of the personal property.

Business, employee’s personal belongings, employment law, personal property, personal property of former employee, policies and procedures, Tangible property, termination of employment, treatment of the personal property, Unclaimed Personal Property and Vested Property Act