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notice of dismissal

By Rudner Law, Employment / HR Law & Mediation | 3 Minutes Read July 5, 2019

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

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.

Article by Rudner Law, Employment / HR Law & Mediation / Employee Relations, Employment Standards, Payroll / employment law, notice of dismissal, notice period, termination

By Rudner Law, Employment / HR Law & Mediation | 5 Minutes Read November 4, 2016

Termination clauses – The legal debate

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.

Article by Rudner Law, Employment / HR Law & Mediation / Employee Relations, Employment Standards, Payroll, Union Relations / 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

By Rudner Law, Employment / HR Law & Mediation | 4 Minutes Read June 6, 2014

Considering the economic circumstance of employer when deciding notice of dismissal

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...

Article by Rudner Law, Employment / HR Law & Mediation / Employee Relations, Employment Standards, Payroll / 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

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