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dismissing an employee

Beware of the one month per year of service “rule”, part 3

I’ve written a number of times regarding cases that significantly depart from the so-called one month per year of service rule. Yet another case has illustrated the risk an employer runs in assuming their liability will be capped at one month per year of service.


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Releases may not protect employers from the tenured employee rule

In Nova Scotia, employees with ten years of service are provided with special protections under the Labour Standards Code. Section 71 of the Code provides that, subject to certain exceptions, an employer can only dismiss an employee with ten years of service or more for just cause. This is called the tenured employee rule.


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Beware of the one month per year of service rule: Part 2

Last October, I wrote a post cautioning employers to beware of using the one month per year of service “rule of thumb”. A recent case from the Ontario Superior Court of Justice has again affirmed that, depending on the circumstances, courts are willing to award short service employees significantly more than one month per year of service.


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Employer successfully proves dismissal for cause of long-service employee for false sick leave

It can be very difficult to establish cause for dismissal, particularly when the employee has lengthy service with the employer. However, on the right facts, it is possible to do so. MacBurnie v. Halterm Container Terminal Limited Partnership, 2013 NSSC 361, is a recent example of an employer that successfully proved at trial that it had dismissed an employee for cause.


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Failure to continue disability coverage during the 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…


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