notice period

Doing zilch re mitigation reduces notice period from 14 to 12 months

February 24, 2020 Barry B. Fisher LL.B. Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

In Seykors v Rural Municipality of Lake Lenore (2019 SKQB 225) Richmond J. reduced the notice period by 2 months where the Plaintiff’s mitigation efforts were minimal and he had not applied for even one job.

employment law, failed to mitigate his loss of employment, mitigation, notice period, termination

Notable cases of 2019

January 8, 2020 Lisa Stam, Spring Law Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Training and Development, 0

As we shut the door on 2019 and begin 2020, we at SpringLaw thought this was a good time to look back on some of the biggest 2019 employment law cases in Ontario! Here is our list of the top 5 cases of 2019 and their key take-aways for employers and employees alike.

employment law, forced retirement, harassment, infliction of mental distress, notice period, resignation, retirement, terminated without cause

OCA denies $953,000 “commission” over notice period

November 25, 2019 Barry B. Fisher LL.B. Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation, 0

In this case, as in other recent OCA cases, the Court is giving greater emphasis to the contractual language of the various bonus and commission plans as opposed to the principles of interpretation generally applied to employment contracts as set out in the seminal case of Wood v Fred Deeley.

bonus and commission, commission, compensation, constructive dismissal, contract of employment, employment law, good faith, notice period

Excluding STD and LTD during notice period voids termination clause

September 23, 2019 Barry B. Fisher LL.B. Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

In Cormier v 1772887 Ontario Limited c.o.b. as St Joseph’s Communications (2019 ONSC 587), Justice Perell had to determine the enforceability of the following ESA termination clause:

employment law, long-term disability benefits, notice period, Severance pay, short–term disability benefits, Termination clause

You’ve wined them, you’ve dined them…and they’ve stood you up: What employers can do when jobseekers fail to commit

July 16, 2019 Piccolo Heath LLP Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, 0

Although the interview process is generally quite stressful for employees, it’s no walk in the park for employers either. A lot of time, energy and resources go into courting a candidate. So, it’s fair to say that when a winner finally is selected and they’ve signed their shiny new employment contract, it hurts when they’re a no-show on their first day.

employment agreements, employment contract, employment law, hiring, notice period, onboarding process for new employees, wrongful resignation

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

Three popular articles this week on HRinfodesk

June 6, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits, 0

The three popular articles this week on HRinfodesk deal with a new employment standards online tool in Ontario, distressed employees and benefits during the notice period.

Dealing with heat stress in the workplace, employment and labour relations, employment law, notice period, online tools, Ontario Ministry of Labour, productivity

Calculating severance: What do the courts say?

May 24, 2019 Occasional Contributors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, 0

In the past I have written about the different factors that are considered in assessing severance for a termination. Being a lawyer, I also provided the standard cop-out that “there is no formula for determining reasonable notice or severance amounts”.

employment law, notice period, pay in lieu of notice of termination, severance, termination and severance pay, termination notice, termination pay, wrongful dismissal, wrongful termination

If the punishment fits: The Court of Appeal upholds Ruston v. Keddco Mfg. (2001) Ltd.

March 1, 2019 Rudner Law, Employment / HR Law & Mediation Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll, 0

Our legal system is designed to implement a stringent appeals process. When an unsuccessful party truly believes that the Court ‘got it wrong,’ either because they wrongly assessed the facts or wrongly applied the law (or in some cases both), they have the power to appeal to a higher court who can review the ruling and issue their own determination, as was the case with Ruston v. Keddco Mfg.

Court of Appeal, employment law, notice period, Ruston v. Keddco Mfg, wrongful dismissal, wrongful dismissal damages, wrongful termination

Three popular articles this week on HRinfodesk

July 19, 2018 Yosie Saint-Cyr, LL.B. Managing Editor HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

The three popular articles this week on HRinfodesk deal with bonus payments during the notice period, the revised OHIP+ and wages by occupations for 2017.

employment law, notice period, OHIP, wages by occupation

BC Court of Appeal clarifies employee’s duty to mitigate and necessary deductions for “avoided,” and “avoidable”, loss

June 25, 2018 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll

A recent BC Court of Appeal decision is a good reminder and summary of the principles underlying an employee’s duty to mitigate following a wrongful dismissal, and confirms that post-termination income in excess of supplementary income that an employee has earned while employed is properly deducted from a wrongful dismissal damages award.

BC Court of Appeal, damages, duty to mitigate, fringe benefits, notice assessment, notice period, post-termination earnings, reasonable notice period, replacement income, termination without cause, wrongful dismissal

Three popular articles this week on HRinfodesk

May 31, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Wages and Compensation

The three popular articles this week on HRinfodesk deal with police record checks, the notice period in termination clauses and new pay transparency legislation in Ontario.

employment law, mental health information, notice period, pay transparency, Pay Transparency Act 2018, police record checks, Police Record Checks Reform Act, release of non-conviction or mental health information, termination, termination pay

Singer strikes back: Court of Appeal awards damages for lost bonus over 17 month notice period

May 1, 2018 Devan Marr Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll

There are several important takeaways from this decision for both employers and employees. The first is that the Court will carefully review bonus documentation for the parties’ intention to remove any entitlement after termination.

Compensation package, employment law, lost bonus, notice period, reasonable notice period, termination

Is working notice appropriate while an employee is medically incapable of working?

September 21, 2017 Matt Lalande, Lalande & Company Lawyers Notice, Damages and Settlements, Payroll

In the recent decision of McLeod v. 127448 Ontario Inc. the Court (once again) answered whether or not a Plaintiff, who was incapable of working when he received notice of termination, was entitled to damages representing a salary which he would have earned had he worked during his notice period.

employment law, medical leave, notice period, termination, working notice, wrongful dimissal

The damages formerly known as Wallace – Are they still relevant?

July 7, 2017 Rudner Law, Employment / HR Law & Mediation Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll

It has been about eight years since the Supreme Court of Canada decision in Honda Canada v Keays, which dramatically altered the law with respect to damages relating to bad faith conduct in the course of dismissal. Is the topic still relevant? A recent Ontario decision confirms that it is.

bad faith, bad faith dismissal, bad faith termination, damages, damages arising out of bad faith, damages arising out of the manner of dismissal, Dismissal, duty to act in good faith, employment law, employment relationship, Keays v. Honda Canada Inc, Mulvihill v. Ottawa (City), notice period, Supreme Court of Canada, termination, terminations, The Damages Formerly Known as Wallace, Wallace damages, Wallace v. United Grain Growers