just cause

Termination clause update: New developments concerning benefit continuation and just cause language

February 15, 2019 Vey Willetts LLP Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation, 0

We are not long into 2019 and yet one thing already seems clear – the law concerning employment contract termination clauses will continue to be the focus of a great deal of litigation in Ontario. In just the past few months alone, new decisions from the Superior Court have helped to advance the law and provide further guidance to employers on proper drafting of termination clauses.

benefits continuation, common law entitlement, employment contracts, employment law, just cause, reasonable notice of employment termination, wilful misconduct

Not a litigation tactic: The dangers of unfounded allegations of just cause for dismissal

January 4, 2019 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

The vast majority of employment relationships can be terminated at any time so long as the employer provides appropriate notice or pay in lieu of notice.

bad faith allegations, bad faith damages, bad faith dismissal, employment law, just cause

Off-duty drunk driving not just cause for termination – Even for a firefighter

June 27, 2018 Stringer LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll

In Klonteig v West Kelowna (District), the British Columbia Superior Court found that an employer that terminated a firefighter for driving drunk in a fire department vehicle while off duty did not have just cause to terminate his employment.

bad faith damages, BC Superior Court, degree of misconduct, drunk driving, just cause, Longteig v West Kelowna (District), off-duty conduct, principle of proportionality, termination, termination of employment, termination without cause

Working notice inappropriate for employees who cannot work

December 19, 2017 Stringer LLP Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Penalties and Fines

The Ontario Superior Court recently awarded an employee on leave due to disability, damages representing the salary he would have earned had he been able to work during the working notice period set by his employer.

Disability, disability leave, employment law, health and safety, just cause, Notice of termination, termination, working notice

Employers beware: Punitive damages for improper just cause allegations

November 28, 2017 Jeff Dutton, Dutton Employment Law Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Penalties and Fines

Two recent Small Claims Court cases demonstrate the courts’ willingness to sanction employers for improper just cause allegations. These cases highlight the fact that employers need to be cautious in asserting just cause.

bad faith, damages, damages for wrongful dismissal, employment law, improper just cause allegations, just cause, punitive damages, termination, wrongful dismissal

Can an employer terminate an employee for just cause if they were charged with a criminal offense?

May 4, 2017 Jeff Dutton, Dutton Employment Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

The laying of a criminal charge alone does not constitute just cause (i.e. dismissal without notice) in every instance. In order to summarily dismiss an employee for being charged with a criminal offense, the employer must show that there is some connection between the charge and the employer.

criminal charge, criminal offence, discrimination in employment, employment law, just cause, Merritt v Tigercat Industries, record of offences, sexual assault

Fast food firing leads to aggravated damages

March 20, 2017 Sara Forte Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

A recent BC Supreme Court decision finding a fast food employee was wrongfully dismissed and entitled to aggravated damages has been making newspaper headlines across the country. Ms. Ram had worked as a cook in various Burger King locations for 24 years, and was terminated for just cause after taking home a fish sandwich, fries and a drink at the end of her shift without paying for them. Ms. Ram’s claim was heard over a seven day trial, resulting in a lengthy decision.

aggravated damages, Dismissal, employment law, just cause, notice period, termination, wrongful dismissal

Just cause termination: Employers need “reasonable basis”

November 30, 2016 Stringer LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

The Court acknowledged that an employer may allege just cause, and later abandon that claim at any time. The Court held that it wouldn’t be appropriate to penalize an employer for changing its mind if it initially had a reasonable basis to believe it had just cause to terminate an employee. As such, it is important to investigate and document any evidence of employee misconduct, and to act accordingly.

aggravated damages, bad faith, damages, employment law, Honda v. Keays, just cause, Morison v Ergo-Industrial Seating Systems Inc., punitive damages, termination, wrongful dismissal

Establishing just cause for termination

November 8, 2016 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation

Generally, it is very difficult for an employer to prove it has just cause. In a recent decision, however, Ontario’s highest court found that a teacher’s misconduct was serious enough to warrant a just cause termination. This article discusses this case and the kind of evidence an employer must lead to prove a just cause dismissal.

breakdown in employment relationship, employment law, employment relationship, Fernandes v. Peel Educational & Tutorial Services Limited (Mississauga Private School), just cause, prove just cause, terminating an employee, test for just cause

Huge wrongful dismissal damage award overruled by Ontario Court of Appeal on basis of misapplication of law of just cause dismissal

September 15, 2016 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll

A 62 year old Mississauga teacher with 10 years of service experienced the joy of winning a huge damage award in the face of allegations of just cause at trial only to have the trial decision squarely overruled by a majority of the Ontario Court of Appeal with significant cost consequences to account for. While the Ontario Court of Appeal often gives Trial Judges significant deference in their decisions, the Court of Appeal found that the Trial Judge misapplied the facts to the proper law on just cause dismissal and overruled the entire decision and awarded the employer significant costs on both the trial and appeal.

damages for wrongful dismissal, dismissed with cause, employee misconduct and rise to a breakdown in the employment relationship, employment law, Fernandes v. Peel Educational & Tutorial Services Limited, just cause, just cause dismissal, loss of insurance benefits, misapplication of law of just cause dismissal, reverse Trial Judge decision, termination for cause, wrongful dismissal case

Three popular articles this week on HRinfodesk

June 23, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Penalties and Fines

The three popular articles this week on HRinfodesk deal with: A case that applies a three-part test to determine just cause; a case that provides a reminder that both employers and employees are required to give reasonable notice of termination at the conclusion of an employment relationship; and a case where an employee failed to provide sufficient medical evidence supporting her absences, therefore her termination was deemed justified.

employee absences, employee termination, employment law, employment relationship, employment standards act, just cause, lack of sufficient medical evidence, medical evidence, pay in lieu of notice, reasonable notice, Severance pay, three-part test to determine just cause, two weeks notice

Three popular articles this week on HRinfodesk

March 31, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Wages and Compensation

Three popular articles this week on HRinfodesk deal with three cases: One case looks at the “suitability test” to establish whether the employer acted in good faith; the second case looks at constructive dismissal; and the third case addresses the question of whether employers can terminate disobedient employees for cause.

constructive dismissal, demotion claim, Dismissal, disobedient employee, employer acted in good faith, employment contract, employment law, just cause, Probation period, probationary employee, probationary period, suitability test, termination, termination of probationary employee, terminations

This employer’s case had 99 problems – Proving cause was one

March 9, 2016 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation

A recent case out of Calgary, Karmel v. Calgary Jewish Academy, presents some valuable lessons for Alberta employers. This case involves a wrongful dismissal lawsuit by a terminated School Principal, Mr. Karmel, who was alleged to have been disobedient.

aggravated damage award, bad faith, Disciplinary measures, disobedient, employment contract, employment law, just cause, Labour Law, mental distress, misconduct, progressive discipline, reasonable notice, termination, terminations, wrongful dismissal

Ontario divisional court addresses enforceability of termination clause in federal jurisdiction

November 20, 2015 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

In the past three years there have been a number of cases arising from the Ontario courts considering whether or not termination clauses which purport to rebut the implied presumption of common law notice and limit an employee’s entitlements upon termination are enforceable. The enforceability of such clauses can have significant consequences on the quantum of an individual’s damages because an employee’s common law entitlements typically exceed his/her minimum entitlements under the applicable minimum standards legislation. The Ontario Division Court recently considered the enforceability of a termination clause in the federal sector in Luney v. Day Ross Inc., 2015 ONSC 1440.

Canada labour Code, common law notice, corporate reorganization, employment contract, employment law, Enforceability of termination clause, just cause, notice and severance, notice and severance payments, right to reinstatement, Termination clause, termination of an employee, trucking business, unjust dismissal

Three popular articles this week on HRinfodesk

October 29, 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, Penalties and Fines, Recruiting and Hiring, Standard for Employment, Training and Development, Union Relations, Wages and Compensation

Three popular articles this week on HRinfodesk deal with frustration of contract due to illness; duty to make your employment practices accessible; and employee termination for cause due to theft.

Accessibility for Ontarians with Disabilities Act, AODA, Duty to make your employment practices accessible, employee theft, employment contract, employment law, employment standards of the AODA, frustration of contract due to illness, just cause, leave of absence, terminal illness, termination