working notice
August 21, 2012 Alison J. Bird Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation,
There is an implied term of the employment contract that when an employee is terminated without cause, they will be provided reasonable notice of termination. (Of course, an employer can avoid the reasonable notice requirement by including an express provision regarding termination in the employment contract.)
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August 2, 2012 Stuart Rudner Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits, Wages and Compensation,
Last year, I reminded employers of the danger of failing to continue disability benefits after dismissing an employee and providing pay in lieu of notice. An important case has now passed through the Ontario Court of Appeal…
Brito v. Canac Kitchens, common-law notice period, contract of employment, Disability, disability coverage, disability insurance, Dismissal, dismissing an employee, employment contract, employment law, employment standards act, employment-related benefits, lump-sum payment, notice of dismissal, notice period, Ontario Superior Court of Justice, pay in lieu of notice, reasonable opportunity to seek new employment, salary and benefit continuance, termination without cause, terminations, working notice
February 27, 2012 Adam Gorley Employee Relations, Employment/Labour Standards, Human Resources, Recruiting and Hiring, Union Relations
The recent firing of Toronto Transit Commission head Gary Webster makes it difficult for the city to claim it is trying to run like a business. Webster, a 37-year TTC employee, was a year away from the end of his contract, and his termination without cause will likely cost the city at least $500,000 in severance pay, not to mention the costs associated with replacing him.
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February 23, 2012 Andrew Taillon Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits, Wages and Compensation
Constructive dismissal, while still a source of concern for employers, is likely less of a threat than it is sometimes thought of. Employees placed in potential constructive dismissal suits must be very careful, or else they may find they have very limited recovery. However, an employer in British Columbia has attempted to push the weaknesses of constructive dismissal to the extreme. In fact it appears to have tried to push the concept farther than it can reasonably bear.
Allen v. Ainsworth Lumber Company, common-law notice period, constructive dismissal, contractual notice period, employment contracts, employment law, mitigation, termination, termination notice, working notice
January 27, 2012 Christina Catenacci Employment/Labour Standards, Human Resources
Here’s an interesting case from the British Columbia Court of Appeal. When an employer left a termination letter on a bus driver’s seat for him to find, The Court found there was inadequate notice of termination. The fact that the bus driver left work immediately instead of working the notice period did not negate his right to sue for damages in lieu of notice.
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August 4, 2011 Stuart Rudner Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation
I always advise clients to consider their options when they must dismiss an individual (assuming it is without cause). Rather than automatically offering a package, and paying the employee not to work, I encourage our clients to consider whether a period of working notice could be viable. By doing so, at least they would get some value for their money. However, I often think back to a comment made by Mr. Justice Donnelly of the Ontario Superior Court of Justice, who, in the course of considering a wrongful dismissal claim, opined that “[w]orking notice is an institution almost invariably predestined to fail.”
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July 5, 2011 Earl Altman Employment/Labour Standards, Human Resources
One of the difficulties faced by plaintiffs’ counsel in wrongful dismissal litigation is the length of time it can require to get a case to trial and obtain monetary compensation for the dismissed employee. Obviously, a plaintiff without a job is sensitive to the costs and delay which may result. This issue can often be addresses by way of a Motion for Summary Judgment.
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September 21, 2010 Earl Altman Employment/Labour Standards, Human Resources
Most employers understand a claim for damages for wrongful dismissal as arising from the termination of an employee’s employment without adequate cause or notice. It can be argued that this in fact reflects a misconception of the nature of the employment contract. Except in certain limited cases of federally regulated companies,…
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