Sometimes, the law works in a way that can make an employment lawyer’s job seem like magic. An ironclad employment agreement can suddenly disappear when the correct language is identified as being in it. Or a series of fixed term contracts, each of which entitles the employee to a nominal amount on dismissal? These can sometimes be negated by showing that the employee was actually on an indefinite term contract under the guise of fixed term ones. Then, the employee is entitled to reasonable notice of their dismissal.
In continuation from Part 1 of our blog series on how best to approach harassment complaints, we will now focus on stage 2 of the process as we examine how best to conduct a fair and thorough investigation, following a workplace complaint.
Ontario employees who lose their job are required to take reasonable steps to replace their lost income. Severance is intended to bridge the gap while an individual is out of work, and there is a legal requirement that, where possible, a person take all reasonable steps to stem the flow of their losses.