pay in lieu of notice of termination

Common law reasonable notice of termination for independent contractors?

May 31, 2019 Occasional Contributors Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

In the recent decision in Cormier v 1772887 Ontario Limited, an Ontario Superior Court judge stated that in some circumstances it would be reasonable to consider an employee’s years of service as an independent contractor in calculating his or her common law reasonable notice period.

contracts, dependent contractor, employment law, employment relationship, independent contractor, pay in lieu of notice of termination, pay in lieu of reasonable notice, reasonable notice of termination

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

Wrongful dismissal update: Recent case is a cause for concern

February 5, 2019 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll

It is increasingly difficult for employment lawyers to assess an employer’s potential legal liability in connection with an employee termination.

employment law, pay in lieu of notice of termination, punitive and aggravated damages, reasonable notice of termination, termination, termination pay, wrongful dismissal

Slate not wiped clean by release in context of share sale

January 3, 2019 Sean Bawden Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll

Can an employee extinguish his statutory right to severance pay by way of a full and final release signed in the context of a share sale?

common law notice, employment agreement, employment law, fixed-term contract, fixed-term employment contract, pay in lieu of notice of termination, Severance pay, share sale, termination, wrongful dismissal claim

Good faith: Vital at all contractual stages

November 4, 2015 Occasional Contributors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

In Meloche c. Structures Lamerain inc., the Court of Appeal recently upheld the Superior Court’s decision to award moral damages, in addition to an award for pay in lieu of notice of termination of employment, to two employees who were dismissed in an abusive manner.

dismissed in an abusive manner, employment law, good faith obligations, moral damages, Notice of termination, pay in lieu of notice of termination, punitive damages, termination, termination of employment

Employer’s unreasonable increase in duties and poor response to employee concerns constitutes constructive dismissal

March 10, 2014 Alison J. Bird Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

Often constructive dismissal cases involving a change in duties arise from an employer’s unilateral reduction in an employee’s duties. However, Damaso v PSI Peripheral Solutions Inc, is just the opposite. An employee alleged that an employer’s unilateral increase in his duties resulted in his constructive dismissal.

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