First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

unjust dismissal

Supreme Court of Canada rules that employees of federally-regulated employers cannot be dismissed without cause

The impact of this decision will likely be very substantial for a number of reasons. By requiring federally-regulated employers to always provide just cause when terminating non-unionized employees, the Court significantly expanded on the common law and statutory protections available to a large part of the working population. As a consequence of this decision, employees of federally-regulated employers will now be awarded a significantly higher degree of employment protection than their colleagues in the private sector, whose rights are largely governed by less protective provincial laws.

 

, , , , , , , , , , ,

Ontario divisional court addresses enforceability of termination clause in federal jurisdiction

In the past three years there have been a number of cases arising from the Ontario courts considering whether or not termination clauses which purport to rebut the implied presumption of common law notice and limit an employee’s entitlements upon termination are enforceable. The enforceability of such clauses can have significant consequences on the quantum of an individual’s damages because an employee’s common law entitlements typically exceed his/her minimum entitlements under the applicable minimum standards legislation. The Ontario Division Court recently considered the enforceability of a termination clause in the federal sector in Luney v. Day Ross Inc., 2015 ONSC 1440.

 

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

Dismissal without just cause: not necessarily “unjust dismissal” under the Canada Labour Code

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

Three popular articles this week on HRinfodesk deal with statutory severance pay; unjust dismissal; and, napping while on duty.

 

, , , , , , , , , , ,

Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with unjust dismissal; termination due to pregnancy; and, October 2014 labour force survey.

 

, , , , , , , , , , ,

Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with the taxability of an employer provided fitness facility, allegations of employee theft and a dismissal without cause under the Canada Labour Code.

 

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