Employer wacked with $55,000 of moral and punitive damages
In Pohl v Hudson’s Bay Company (2022 ONSC 5230) Justice Centa awarded at 53 year old Sales Manager with 28 years service a notice period of 24 months. No surprise there. However,
common law entitlement
Termination clause update: ousting the common law and the danger of fixed penalties
A "termination clause" is a type of contractual term which specifies entitlements owed to a worker at the end of their employment. They come in many different shapes and sizes. Whatever the construction, the usual motivation for employers in drafting termination clauses is to control costs and provide for certainty at the end of the employment relationship.
Exclusive or near-exclusive economic dependence determinative of dependent contractor status: Ontario Court of Appeal
Between employees and independent contractors exists a third, lesser known category of employment relationship: the dependent contractor. Unlike independent contractors, and subject to specific contractual termination provisions, dependent contractor relationships cannot generally be terminated without notice, or pay in lieu thereof.
