notice of dismissal

Ontario Court of Appeal confirms 24 month cap on notice periods absent exceptional circumstances

July 5, 2019 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, 1

For as long as I have been practicing, we have referred to a “24 month cap” of notice when it comes to reasonable notice of dismissal pursuant to common law.

employment law, notice of dismissal, notice period, termination

Termination clauses – The legal debate

November 4, 2016 Rudner Law, Employment / HR Law & Mediation 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

It appears that the saga of judicial interpretation and consideration of termination clauses will continue, with predictably unpredictable results. Courts will enforce termination clauses that limit an individual’s entitlement to notice of dismissal, but the onus will be on the employer to show that the clause should be enforced.

common law, common law obligation, consideration, dismissal without cause, employment contract, employment law, employment standards act, Employment Standards legislation, Garreton v Complete Innovations Inc., just cause for dismissal, notice of dismissal, reasonable notice, Severance pay, termination clauses, termination pay

Considering the economic circumstance of employer when deciding notice of dismissal

June 6, 2014 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

The impact of the employer’s financial condition at the time of termination on the notice period has been the subject of some debate. In 1983, the Ontario Court of Appeal held, in Bohemier v. Storwal International Inc., that the financial circumstances of the employer are a factor that can be considered in the assessment of the notice period. Some courts have explicitly rejected the notion, however…

assessing an individual's entitlement, assessment of the notice period, Bardal Factors, Bardal v. Globe and Mail, downsizing, economic circumstance of employer, employer’s financial condition at the time of termination, employment law, entitlement to notice of dismissal or pay in lieu thereof at common-law, notice of dismissal, notice period, reasonable notice of termination, restructuring, termination, terminations

Misconceptions of a probationary period can expose employer to liability

April 5, 2013 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources

Most people assume that they know what a probationary period is and how it works in Canada. Unfortunately, however, there are many misconceptions with respect to the law in this regard, and many employers unknowingly expose themselves to significant liability when they hire new employees.

90 day probationary period, bad faith termination, Cao v. SBLR LLP, Certified General Accountant designation, common-law requirement of reasonable notice, contractual obligation, employment contract, employment law, enforceable contractual provision, fitness for the position, liability, notice of dismissal, offer letter, one month of employment, Ontario Small Claims Court, pay in lieu of notice, performance review, probation, probationary period, record of employment, rights and obligations, termination notice, termination with cause, termination without cause

Notice of dismissal must be clear, specific, and unequivocal

December 6, 2012 Rudner Law, Employment / HR Law & Mediation Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation

Two recent cases have confirmed a long-standing principle: in order to be effective, notice of dismissal must be clear, specific and unequivocal. Among other things, a definite terminate date must be specified. Otherwise, in most cases, the “notice” will not be effective, and the employer will be on the hook for additional notice or pay in lieu thereof.

as much notice as possible of the new date, common law notice, employee time to mitigate their losses, employment, employment law, employment relationship, extenuating circumstances, legal notice of termination, notice of dismissal, notice of dismissal must be clear, notice or pay in lieu thereof, sale of all or part of a business, specific and unequivocal, statutory notice, successor employer, termination, termination dates, terminations

How do you count length of service/seniority in relation to employee leaves of absence?

October 4, 2012 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Human Resources, Union Relations

There is significant confusion regarding how periods of leave are to be treated when entitlements are based upon length of service; this included the amount of notice of dismissal that may be required…

accumulating seniority, dismissed without cause, employee handbook, employee leaves of absence, employment law, employment law principles, employment-related benefits, entitlements, HR, illness, injury, Labour Law, length of service, liability, notice of dismissal, pay in lieu of notice, policies and procedures, policy manual, pregnancy and parental leaves, statutory leave, Statutory leaves, terminations, vacation

Failure to continue disability coverage during the notice period

August 2, 2012 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits, Wages and Compensation

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…

Brito v. Canac Kitchens, common-law notice period, contract of employment, Disability, disability coverage, disability insurance, Dismissal, dismissing an employee, employment contract, employment law, employment standards act, employment-related benefits, lump-sum payment, notice of dismissal, notice period, Ontario Superior Court of Justice, pay in lieu of notice, reasonable opportunity to seek new employment, salary and benefit continuance, termination without cause, terminations, working notice

The fine art of determining notice for dismissal: ‘old habits die hard’

November 24, 2011 Earl Altman Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation

Probably the most prevalent misconception in the area of employment law is the notion that all employees are entitled to “one month per year” as notice of termination without cause. This has, in the past, been referred to as the golden rule. In spite of repeated judicial pronouncements that the rule no longer applies, human resources professionals continue to apply it.

Bardal Factors, Bardal v. The Globe & Mail, character of employment, Dismissal, economy, employment law, length of employment, length of notice period, lump-sum payment, notice of dismissal, notice period, one month per year, re-employment prospects, salary continuance, specialized knowledge, statutory notice period, termination, termination package, termination without cause, unstable labour market, wrongful dismissal

Widespread confusion on how courts determine the amount of notice of dismissal

October 6, 2011 Rudner Law, Employment / HR Law & Mediation Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation

As I and others have frequently commented, there is widespread confusion and misunderstanding regarding how our courts determine the amount of notice of dismissal (sometimes referred to as “severance”) an employee is entitled to. The recent decision of the Saskatchewan Court of Queen’s Bench in Coppola v. Capital Pontiac Buick Cadillac GMC Ltd. provides a fairly thorough analysis.

amount of notice of dismissal, Bardal v. The Globe & Mail Ltd., Coppola v. Capital Pontiac Buick Cadillac GMC Ltd., Dismissal, employment law, Hall v. Canadian Corporate Management Co., Honda Canada Inc. v Keays, Issacs v. MHG International Ltd., length of notice period, length of notice requirements, length of service, lengthier notice periods, McNevan v. AmeriCredit Corp, notice of dismissal, period of reasonable notice, reasonable notice, reasonable notice of termination, severance, termination

LTD claims by dismissed employees

April 7, 2011 Rudner Law, Employment / HR Law & Mediation Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits

Employers that dismiss employees without cause, and without ensuring that they take steps to preclude all potential claims, can face significant liability beyond the “typical” wrongful dismissal damages. The recent decision of Mr. Justice Echlin of the Ontario Superior Court of Justice in Brito v. Canac Kitchens is an example of the type of situation employer’s dread. In that case…

common law notice, contractual agreement, damages for lost disability benefits, Disability benefits, employment contract, employment law, lengthy notice period, liability, Long-term disability, LTD, minimum notice, moral damages, notice of dismissal, post employment benefits, punitive damages, salary and benefit continuance, severance, termination, termination without cause, wrongful dismissal