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dismissed without cause

By Cristina Lavecchia | 1 Minute Read November 3, 2016

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: 2017 payroll rates; a survey indicating that many employees are not using their vacation time; and a case where an employee's dismissal without notice was justified.

Article by Cristina Lavecchia / Employee Relations, Employment Standards, Payroll, Union Relations / 2017 payroll rates, dismissal without notice, dismissed for just cause, dismissed without cause, employment law, minimum wage rates, payroll rates, termination, unused vacation days, unused vacation time, vacation days, wrongful dismissal

By De Bousquet PC Barristers and Solicitors | 2 Minutes Read September 14, 2016

Court ruling making it harder for employers to avoid paying bonuses to workers dismissed without cause

Employees often rely on bonuses as a big part of their income and work hard throughout the year with the understanding that the efforts will be rewarded with a well–earned bonus. Employers on the other hand often attempt to limit the employee’s entitlement to bonuses and other incentives after termination, by including special contractual limitations in the employment and benefit plan contracts of the employee. In two recent decisions by the Ontario Court of Appeal the court has made it significantly more difficult for employers to avoid paying bonuses to wrongfully dismissed workers.

Article by De Bousquet PC Barristers and Solicitors / Employee Relations, Employment Standards, Payroll / bonus payment, clear contractual language, dismissed without cause, employee entitlement to bonuses, employment contract, employment law, limitations of bonus and incentive plan payments after termination, paying bonuses to workers, paying bonuses to wrongfully dismissed workers, wrongful dismissal

By Alison J. Bird | 2 Minutes Read October 7, 2013

Beware of using one month notice per year of service ‘rule of thumb’

One of the questions at the forefront of many employers’ minds when they are considering terminating an employee without cause is how much it is going to cost. Unless there is a written employment contract with an express termination clause, an employer’s obligation is to provide reasonable notice of termination. Since there is no set formula for determining the appropriate length of the reasonable notice period, employers (or their legal counsel) must estimate what they think the notice period could be, having regard to the employee’s age, length of service, character of employment, the availability of similar employment, and the employee’s skills and training. Often, employers and their legal counsel will use a rough rule of thumb of one month notice per year of service (although the courts have denied that such a rule of thumb exists).

Article by Alison J. Bird / Employee Relations, Employment Standards, Payroll / 'rule of thumb, canadian employment law, common law notice, dismissed without cause, employment contract, employment law, notice period, one month notice per year of service, pay in lieu of notice, reasonable notice of termination, statutory notice, terminating an employee without cause, termination, Termination clause, terminations

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