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Constructive dismissal – Suspension without pay must always be reasonable

If an employer is considering suspending someone without pay best practices suggests one should document the issues, provide clear reasons for the suspension, and seek legal advice.

 

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Putting on the brakes: Ontario courts are limiting the scope post-dismissal mitigatory earnings

Employers must be aware that it is now an increasingly risky strategy to fight a wrongful dismissal case on the hopes of saving money via employee mitigation of loss.

 

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Q&A: Reasons not usually required when terminating without cause

Under the Ontario Employment Standards Act, an employer can terminate an employee by providing the employee with either written notice of termination, termination pay or a combination (as long as the notice and the number of weeks of termination pay together equal the length of notice the employee is entitled to receive under the ESA).

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with changes to personal income tax in Ontario, the legalization of cannabis and its effect on the workplace and a decision in a case of termination of an employee following a workplace harassment complaint.

 

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Right to terminate BUT in good faith

The decision in this case confirms that termination clauses will not be voided where there is no good reason to do so.

 

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Lack of clear warning voids termination provision

It has become harder and harder to have a binding termination provision in an employment agreement, but it can still be done. Several cases provide further details.

 

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Ontario employment law update: Mid-year report

Much has changed in recent weeks. The Liberal party has been replaced by the PC party as the governing party in Ontario, recreational-use cannabis will become legal on October 17, 2018, more employment standards inspectors have been hired and trained and are now conducting workplace inspections to ensure that employers are complying with Ontario’s Employment Standards Act, and there’s more.

 

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

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.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with terminating independent contractors, offering a promotion without a pay increase and BC’s new employer health tax.

 

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Not so constructive feedback: Employer’s unilateral changes result in constructive dismissal

In Robinson v. H.J. Heinz Company of Canada LP, Stinson J. found that the Plaintiff, a long term employee of the Defendant, had been constructively dismissed when the Defendant progressively stripped responsibilities from her position after a merger.

 

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Escalating damage awards for employees at the HRTO

It would appear that there is an increasing willingness on the part of the HRTO to grant significant monetary awards to discriminated employees.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with police record checks, the notice period in termination clauses and new pay transparency legislation in Ontario.

 

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Why employers shouldn’t use severance calculators

Determining the period of reasonable notice is an art not a science. In each case trial judges must weigh and balance a catalogue of relevant factors.

 

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

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.

 

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$200,000 awarded by the HRTO for sexual harassment and assault of vulnerable employee

Employers would be well-advised to implement strong anti-discrimination, harassment and workplace violence policies which include provisions regarding processes, investigations and training.

 

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