The three popular articles this week on HRinfodesk deal with cannabis legalization and health and safety policies at work, recruiting and talent shortages and maximum common law notice periods.
common-law notice period
Given the elimination of mandatory retirement years ago, employees are working for longer periods of time and well into their 60s and some into their 70s. Age has always been one of the key Bardal factors, in addition to title, length of service and compensation, that courts use to determine an appropriate common law notice period. In the recent case of Ozorio v. Canadian Hearing Society, 2016 ONSC 5440, Justice O’Marra confirmed that an employee’s age remains a significant factor in determining a common law notice period.
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...