duty of good faith

Aggravated damages are aggravating employers

July 9, 2019 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, 0

Employers must be honest, candid and forthright with employees. Failure to do can result in a judge ordering an employer to pay an employee aggravated damages.

aggravated damages, duty of good faith, good faith, Good faith in the manner of dismissal, termination, termination in good faith, wrongful dismissal

Failure to disclose planned layoff costs employer 22 months pay and 20K punitive damages

June 4, 2019 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

Mr. Jonasson, a 55 year old engineer with 22 years’ service with Nexen Energy was thinking about either retiring or taking a leave of absence. He decided to request a six month leave of absence. The employer agreed to his leave request if he entered into an agreement about the company’s obligations at the end of his leave.

bad faith termination, Dismissal, duty of good faith, employment law, planned layoff, punitive damages, termination

HR law and payroll 2017, what is in store?

January 3, 2017 Yosie Saint-Cyr, LL.B. Managing Editor Accessibility Standards, Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Penalties and Fines, Pensions and Benefits, Privacy and Security, Recruiting and Hiring, Source Deductions and Reporting, Training and Development, Union Relations, Wages and Compensation

At the beginning of a new year, it’s good to wonder what is in store in 2017 for HR law and payroll? Let’s discuss and provide practical steps HR and payroll can take to prepare for these trends and changes.

common law, Discretionary bonus, duty of good faith, duty to mitigate, employee’s resignation, employment contract, employment law, employment law jurisprudence, employment law requirements, employment relationship, Employment Standards legislation, Enhanced Canada Pension Plan, HR Law, HR strategies, Legalization of marijuana, occupational health and safety, Payroll planning, termination of the employment, workers compensation

Giving your ‘two weeks’: Jesso and what constitutes reasonable notice for resignation

March 24, 2016 Devry Smith Frank LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

The question of ‘what constitutes reasonable notice’ is one of the most frequently litigated issues in employment law. There are numerous decisions from every level of court in Ontario which discuss the obligations of an employer to provide a reasonable period of notice to dismissed employees. However, it is a relatively rare occurrence that the Court deals with the inverse – the reasonable period of notice due to an employer by an employee who resigns. While most of us are familiar with the old adage of giving your ‘two weeks’ notice, the recent decision in Gagnon may call into question the sufficiency of such short notice.

damages, departing employee, duty of good faith, Employee resignation, employment contract, employment law, reasonable notice for resignation, verbal agreement

Is there now an implied duty to provide reasons for dismissal?

July 17, 2015 Vey Willetts LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations

One of the most common complaints employment lawyers hear from workers who have just lost their jobs is that they don’t know why they were fired. Many become even more aggravated when they ask for a reason and are told ‘we don’t have to give you one.’ Unsurprisingly, this type of response can often result in the now ex-employee imagining all kinds of innovative rationales as to explain their dismissal.

commercial contracts, duty of good faith, duty to provide reasons for dismissal, employment contract, employment law, employment standards act, implied duty of “honest contractual performance”, implied duty to give reasons for dismissal, reason for dismissal, reason for the suspension, termination, terminations, Wallace v. United Grain Growers Ltd