layoff

Constructive dismissals – not blank cheque to refuse re-employment

February 19, 2019 Devan Marr Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll

A recent Ontario Superior Court summary judgment decision is a strong reminder that lay-offs are not an automatic contractual right and can trigger a constructive dismissal claim.

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Make whole remedies and good faith crucial to mitigation

August 8, 2016 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

A recent decision of the BC Court of Appeal provides a cautionary tale for BC employers seeking to remedy a potential wrongful dismissal.

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How do you spell layoff?

April 1, 2014 Michele Glassford Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Union Relations

Layoffs are confusing for many more reasons than simply how to spell it (layoff, lay off, lay-off?) A layoff is a termination of employment; however, the use of the term layoff is usually understood to have a connotation of either resulting from a shortage of work or being temporary in nature, rather than permanent termination or for cause.

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When is a temporary layoff – not a temporary layoff

November 27, 2013 Earl Altman Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Wages and Compensation

Employers will often seek to respond to downturns in their business by temporarily reducing head count, with the hope of having those employees return to work when the business improves. This is often referred to as a temporary lay off. Many employers inquire as to their right to temporarily lay off employees, generally in response to financial constraints of the business.

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Making your employee handbook enforceable

March 26, 2012 Andrew Taillon Employee Relations, Employment/Labour Standards, Human Resources

A regular issue for employers is whether the provisions in their employee handbook are enforceable in the same manner as an employment contract. Many employers are surprised to find that they are not…

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Is severance pay required when an employee is terminated?

September 29, 2011 Alan McEwen Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation

When I speak at conferences, I am often asked the following question: “Is severance pay required when an employee is terminated?”

Before this question can be answered, we have to first confront the difficulty that some payroll terms traditionally used to describe both termination, as well as any payments resulting from this event, haven’t always been defined with the greatest of clarity. My preference has always been for those terms that convey the clearest meaning of the related employment standards and source deduction requirements.

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