When it comes to resignations, the facts matter and the decision of Nagpal v. IBM certainly proves it. In another notable case on resignations in Ontario, Schabas J. had to determine whether an employee’s failure to return to the workplace after his disability benefits were denied amounted to voluntary resignation or abandonment of employment.
Given the elimination of mandatory retirement years ago, employees are working for longer periods of time and well into their 60s and some into their 70s. Age has always been one of the key Bardal factors, in addition to title, length of service and compensation, that courts use to determine an appropriate common law notice period. In the recent case of Ozorio v. Canadian Hearing Society, 2016 ONSC 5440, Justice O’Marra confirmed that an employee’s age remains a significant factor in determining a common law notice period.
We are signing off with a list of the top 10 most read First Reference Talks posts 2016.
Human rights issues and rules for termination notice seem to have been hot topics this year with several blog posts on the topics making it on the list.
The top 10 most read First Reference Talks posts 2016
- New limits on criminal records checks, Stringer LLP
- EI waiting period changes January 1, 2017, Michele Glassford
- Federal or provincial? Understanding employment and labour law jurisdiction for First Nations employers, Vey Willetts LLP
- Commission sales employees: Two common errors to avoid, Vey Willetts LLP
- Working through the notice period, Stuart Rudner
- Beware of the one month per year of service “rule”, part 4, Alison J. Bird
- Yes your employees may be legally entitled to time off work to watch their kids, even if they give you no advance