outplacement services

Employee’s age justifies wrongful dismissal damages of 24 months

March 15, 2017 Simon Heath, BA, MIR, LLB, Heath Law Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

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.

age, Bardal Factors, common law damages, common-law notice period, damage awards, employment law, employment standards act, long service employees, older employees, outplacement services, Ozorio v. Canadian Hearing Society

Motion for summary judgement raises questions about efficiency of pre-trial resolution

June 9, 2016 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

Employment lawyers will advise you that a motion for summary judgement can be expensive to lose. Not only does the company have to pay the judgement, the company will have to pay the costs of its own counsel and part of the costs of the employee’s counsel. Therefore, there is pressure on the company to offer a suitable severance package to negotiate a settlement rather than leave it to a court to decide with the cost consequences that follow.

common law notice, employment contract, employment law, failure to mitigate, negotiated settlement, not-for-cause termination, outplacement services, salary continuance, suitable severance package, summary judgement, termination, written contract, written termination clauses