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common law reasonable notice

By Stringer LLP | 2 Minutes Read November 16, 2017

Short service employee gets four months’ pay in lieu of reasonable notice

Some employers erroneously believe that there is a “rule of thumb” in the common law that employees are entitled to a month of notice per year of service. The Ontario Court of Appeal has held that there is no such rule, and that determinations of reasonable notice must be based on an assessment of all relevant factors.

Article by Stringer LLP / Employee Relations, Employment Standards, Payroll / common law reasonable notice, employment law, enforceability of termination clauses, reasonable notice, short service employee, termination, Termination clause, termination notice

By Rudner Law, Employment / HR Law & Mediation | 4 Minutes Read September 1, 2017

Update on probationary clauses from Ontario Court of Appeal

Recently, the Ontario Court of Appeal affirmed that the probationary clause, which provided, simply, “Probation...six months”, was enforceable, and that the employee was not entitled to anything more than the one week of pay in lieu of notice of dismissal pursuant to the Ontario Employment Standards Act, 2000 (“ESA”).

Article by Rudner Law, Employment / HR Law & Mediation / Employee Relations, Employment Standards, Payroll, Union Relations / common law entitlement, common law reasonable notice, employment agreement, employment law, employment relationship, employment standards act, entitlements on termination, Ontario Court of Appeal, pay in lieu of notice, probationary clause, probationary clauses, probationary employee, probationary period, reasonable notice

By Jeff Dutton, Dutton Employment Law | 2 Minutes Read August 24, 2017

Ontario Court of Appeal enforces simple probation clause

Employers generally owe their employees common law reasonable notice upon termination without cause. However, as shown in a recent Ontario Court of Appeal case, Nagribianko v. Select Wine Merchants Ltd, if the parties agree to a probation period in an employment contract, the right to common law reasonable notice can be ousted if the employee is terminated within the probationary period.

Article by Jeff Dutton, Dutton Employment Law / Employee Relations, Employment Standards, Payroll / common law, common law reasonable notice, dismissing probationary employees, employment contract, employment law, Nagribianko v. Select Wine Merchants Ltd, ontario employment standards act, probation, probation clause, probationary period, termination, termination without cause, termination without notice

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