First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

Payroll

By | 3 Minutes Read

If the employer alleges just cause but fails to prove it, can they then rely on the not for cause clause?

In Humphrey v Mene (2021 ONSC 2539), the Employer first alleged just cause but withdrew the allegation before trial. The court found that the Employer had so mistreated the Plaintiff that their behaviour disentitled the Defendant from relying upon the Without Cause Termination Clause.

By | 3 Minutes Read

Old age and the duty to mitigate loss

Employment lawyers spend a lot of time thinking about age. A worker’s age can have a myriad of implications, ranging from available training opportunities to the impact of different generational norms. Age is also frequently a focus in wrongful dismissal litigation. The seminal decision of Bardal v. Globe & Mail Ltd., 1960 CanLII 294 (ON SC) specifies that a worker’s age is one of the key components that must be assessed when determining dismissal entitlements.

By | 2 Minutes Read

Extended COVID-19 sick days

As the COVID-19 pandemic continues, the Ontario government has announced the extension of the 3-day COVID-19 paid leave. This extension will currently run until the end of 2021 as new risks and information are being identified in association with the delta variant of COVID-19. Employers are to ensure that they are up to date with extended COVID-19 sick days to provide to their employees. 

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