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Ontario Court of Appeal

By McCarthy Tétrault LLP | 2 Minutes Read August 6, 2014

Ontario Court of Appeal puts the ‘reasonable’ back into ‘reasonable notice’

Determining the actual notice period an employee is entitled to upon termination is often a frustrating exercise for employers. This is especially true of the more recent case-law which has tended to place more emphasis on certain factors (age and tenure) at the expense of other factors (nature of position and compensation). There have been widely divergent awards in recent years. This undermines the ability of employers to plan, with some certainty, for large scale restructurings and the required notice/severance to provide staff.

Article by McCarthy Tétrault LLP / Employee Relations, Employment Standards, Payroll / Bardal Factors, common law, employment law, escalating awards for lower skilled and older employees, internal policy, Kotecha v. Affinia Canada Ltd, large scale restructurings, motion for summary judgment, Notice periods, notice periods to reduce risk, Ontario Court of Appeal, reasonable notice, required notice/severance, rules of thumb, termination, terminations

By Stringer LLP | 2 Minutes Read February 5, 2014

Personal liability in wrongful dismissal actions

A recent decision of the Divisional Court raises the issue of when an individual can be found personally liable in a wrongful dismissal claim. This will be particularly pertinent for small business owners where confusion may arise as to whether the employer is a corporation or an individual.

Article by Stringer LLP / Employment Standards, Payroll / constructive dismissal, corporate veil, employment law, jointly and severally liable, Ontario Court of Appeal, personal liability, small business owners, small claims court decision, wrongful dismissal

By Earl Altman | 3 Minutes Read January 28, 2013

The misconceptions of suspensions in non-unionized workplaces

Perhaps because of the increased press directed to union conflicts, or perhaps due solely to a misunderstanding of the employment relationship, many HR professionals perceive that they have the right to suspend an employee based on some perceived or actual misconduct by that employee. However, while most union contracts do provide the right of suspension to the employer, there is no similar right available at common law.

Article by Earl Altman / Employee Relations, Employment Standards, Payroll, Union Relations / a period of suspension, common law, constructive dismissal, Disciplinary measures, discipline for misconduct, employee handbook, employer does not have the right to suspend an employee without pay, employment contract, employment lawyer, Employment Policy Manual, employment relationship, Labour Law, non union suspension, Ontario Court of Appeal, recall rights, repudiation of the employment agreement, right of an employer to discipline an employee, right of suspension, right to suspend an employee, suspend with pay, suspension without pay, union conflicts, union contracts, wrongful dismissal

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