First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

notice of dismissal

By | 3 Minutes Read

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.

By | 5 Minutes Read

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.

By | 4 Minutes Read

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...

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