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entitlement to notice

By Achkar Law | 3 Minutes Read March 19, 2021

Calculating severance pay during COVID-19

The COVID-19 pandemic has had a devastating impact on our economy over the past year. Many of us have experienced firsthand the struggles of small businesses and hard-hit industries such as the food services sector and tourism. The strains on businesses are unavoidably accompanied by employee layoffs and terminations. Near the beginning of the pandemic, one question on many employment lawyers’ minds was, what impact will the COVID-19 pandemic have on calculating an employee's severance pay?

Article by Achkar Law / Business, Employment Standards, Payroll / Bardal Factors, employment law, entitlement to notice, layoffs, notice period, Severance pay, termination

By Occasional Contributors | 2 Minutes Read December 5, 2016

Illness or disability during the notice period

Interestingly, the events following termination of employment do not affect an employee’s entitlement to notice. This includes the situation where an employee is terminated and shortly thereafter becomes ill or disabled. Our courts have dealt with this situation by suggesting a longer notice period may be warranted because the employee may find it more difficult to find alternate employment.

Article by Occasional Contributors / Employee Relations, Employment Standards, Payroll, Union Relations / disabled employee, duty to mitigate, employment agreement, employment law, entitlement to notice, ill employee, notice period, reasonable notice, Severance pay, termination, termination of employment, wrongfully terminated

By Earl Altman | 4 Minutes Read July 23, 2013

Proving cause remains an up-hill battle

A recent decision of the Ontario Court of Appeal, confirming a trial decision, once again demonstrates the difficulty employers will face in satisfying courts in this province that there was cause for dismissal.

Article by Earl Altman / Employee Relations, Employment Standards, Health and Safety, Payroll / address performance issues, appropriate amount of notice, breach of the safety rules, canadian employment law, Cardinal Rules, cause for dismissal, comprehensive safety program, discipline, employee investigating the incident, employee misconduct, employment law, entitlement to notice, failing to report the incident, failure to report the error, incident, investigations of the allegations, machinery had to be locked out, obvious hazard to the workers, pay in lieu of notice, policies and procedures, Proving cause, Reporting of workplace accident, safety rules, summary dismissal, termination, terminations, unenforced safety rules, violation of the company’s safety rules, willful misconduct, Workplace accident, workplace investigation

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