common law reasonable notice
November 16, 2017 Stringer LLP Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll
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.
common law reasonable notice, employment law, enforceability of termination clauses, reasonable notice, short service employee, termination, Termination clause, termination notice
September 1, 2017 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations, Wages and Compensation
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”).
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August 24, 2017 Jeff Dutton, Dutton Employment Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Wages and Compensation
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.
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September 16, 2016 Vey Willetts LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Penalties and Fines
Courts have previously recognized that older employees may struggle to find comparable re-employment. In a recent decision, the Ontario Superior Court of Justice awarded 24 months’ common law reasonable notice to a dismissed employee who was 61 years old at the time of dismissal. This decision provides some helpful direction and guidance for employers that move to terminate the employment of older, long service employees from their organization.
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January 29, 2016 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation
Three popular articles this week on HRinfodesk deal with an independent medical examination; wilful misconduct; and, 27 months of common law reasonable notice.
accommodation request, Bardal Factors, common law reasonable notice, dismissing an employee for just cause, disobedience, duty to accommodate, employment law, HRinfodesk, independent medical examination, Labour Law, neglect of duty, notice period, termination, terminations, wilful misconduct
October 20, 2015 Alison J. Bird Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation
The dismissal of a long-term employee who is entitled to common law reasonable notice can result in significant liability for an employer. As the determination of the appropriate notice period is contextual, it can be difficult for an employer to accurately assess their potential liability.
common law notice, common law reasonable notice, dismissal of a long-term employee, employee’s notice entitlement, employment law, notice period, termination, terminations
July 16, 2015 Occasional Contributors Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Union Relations, Wages and Compensation
Organizations are increasingly retaining the services of individual contractors rather than hiring employees in order to increase the organization’s flexibility and obtain special expertise on an as-needed basis. Historically, organizations have been subject to statutory and common law duties in relation to their employees which have not been applied when organizations retain independent contractors. Case law over the past ten years suggests that the classic distinction between employees and independent contractors is becoming blurred.
changing nature of employment, commissions, common law reasonable notice, damages for unjust dismissal, distinction between an employee and an independent contractor, Employees and independent contractors, employer-employee relationship, employment contract, employment law, employment relationship, financial compensation, independent contractor relationship, reasonable notice, statutory and common law duties
June 11, 2015 Yosie Saint-Cyr, LL.B. Managing Editor Accessibility Standards, Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Training and Development, Union Relations, Wages and Compensation
Three popular articles this week on HRinfodesk deal with enforceability of ESA based termination clause; maternity leave and bonus payment; and accessibility certification program.
accessibility, Accessibility certification program, Accessibility for Ontarians with Disabilities Act, AODA, bonus, common law reasonable notice, employment contract, employment law, maternity leave, Termination clause
March 16, 2015 Vey Willetts LLP Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation
All too often short service employees are overlooked in terms of an employer’s potential liability. After all, such workers can often be dismissed with minimal severance and without great fear of litigation. However…
anti-harassment and violence policy, common law notice, common law reasonable notice, employment law, employment standards act, Empoyment contract, Good faith in the manner of dismissal, inducement, occupational health and safety act, probationary periods, protection of the Ontario Human Rights Code, reasonable accommodation of needs, reasonable notice period, statutory termination pay, termination with notice, three-month probationary period, work in an environment free from sexual harassment, written employment contract
August 22, 2014 Christina Catenacci Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations, Wages and Compensation
The Supreme Court of British Columbia confirmed that following the termination of a senior employee who had over 20 years of service with the employer, the employee was entitled to a reasonable notice period of 17 months considering the Bardal factors. However, due to the employee’s extremely passive attitude towards finding new employment, the notice period was reduced to 14 months. In a nutshell, the employee just did not do enough to seek alternate employment.
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July 25, 2012 Alison J. Bird Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation
On June 21, the Ontario Court of Appeal reversed the trial decision in Bowes v. Goss. It held that the duty to mitigate does not apply where an employment contract contains a clause setting out an employee’s severance entitlement arising from a termination without cause. However, the decision maintains the duty to mitigate where it is expressly incorporated in the employment contract.
common law reasonable notice, duty to mitigate, employment contract, employment law, fixed notice period, reasonable notice, severance, severance entitlement, termination without cause, terminations, wrongful dismissal
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