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Welcome to 2019 with new employment and labour law rules and obligations across Canada: A summary

Welcome to 2019 and a load of new employment and labour law rules and obligations across Canada.

 

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Top five cases of importance to Ontario employment law – 2018 edition

2018 has been, compared to some other years, relatively quiet with respect to employment law jurisprudence. Sometimes that can be a good thing.

 

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Slate not wiped clean by release in context of share sale

Can an employee extinguish his statutory right to severance pay by way of a full and final release signed in the context of a share sale?

 

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ONSC judge would have ordered at least 36 months reasonable notice – If requested

What is the appropriate notice period for a 62 year-old, 37 years tenured Senior Vice President, who is terminated without cause and left without any comparable employment opportunities?

 

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Sentenced to probation: How employers can protect themselves when terminating the employment of recent hires

Employers who seek to impose more rigorous oversight of new employees and minimize termination obligations to those employees can rely on appropriately drafted probationary limitations in their offers.

 

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Employee induced to leave his employment and terminated six months later awarded six months’ pay

Greenlees v. Starline Windows Ltd. demonstrates the willingness of courts to award longer notice periods to short-term employees, particularly when the conduct of the employer induces the employee to leave his previous employment.

 

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Court awards six months’ pay in lieu of notice to employee terminated after six months

In this case, the BC Supreme Court awarded an employee six months’ pay in lieu of notice after he was induced to leave his job for a new position, only to be dismissed six months later.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with Bill 47 that makes reforms to employment and labour laws and ESA-only termination clauses.

 

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Q&A: Termination rights for probationary employees

Does an employee have any rights when terminated within the probation period (of 3 months)? This was done after a performance improvement plan was created with warning to employee. The worker was also paid off for 8 weeks with no notice of termination.

 

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Interim remedies at the HRTO revisited following termination

The previous article citing Tomlinson v. Runnymede Healthcare Centre discussed interim orders at the Human Rights Tribunal of Ontario. Of note is the rarity of a decision that institutes compliance on the part of the respondent prior to the conclusion of the matter. In such a request, the burden of proof is placed squarely upon the applicant, as in Codrin v. Commissionaires Great Lakes.

 

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What is undue hardship?

The right to accommodation at work in Canada is not absolute. Employers only have an obligation to accommodate disabled employees up to undue hardship and can therefore terminate or suspend disabled employees if the employee cannot be accommodated.

 

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Just cause for dismissal: context is key

Determining what conduct amounts to just cause for dismissal is no easy task. In part this is due to just cause being inherently situation specific. When describing what may constitute just cause, employment lawyers often refer to extreme examples: think of situations where a public-facing employee makes repeated racial slurs to a customer or commits […]

 

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“It ain’t over ’til it’s over”: When does illness frustrate a contract?

When an employee is out for a long stretch due to illness, it is always best to keep in periodic but regular communication with them, both to see how they are doing and to see if they know when they may be able to return to work.

 

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Changing one’s mind about retirement

May an employee who has resigned her position of employment by way of a notice of retirement later rescind her written notice of retirement? If so, under what conditions may she do so?

 

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Business purchasers use employment contracts to try to ‘cover their assets’ – Can it work?

In the case of Krishnamoorthy v. Olympus Inc., was the offer of employment by the new employer adequate consideration, thus creating a new binding contract?

 

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