pay in lieu

Form and substance: Mass termination and working notice requirements clarified by Ontario Court of Appeal

August 12, 2019 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

Employment standards statutes in each Canadian jurisdiction contain special provisions for minimum termination notice or pay in lieu thereof, which apply when a prescribed number of employees will be terminated within a particular timeframe.

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Going global: Ontario Superior Court grants severance pay based on non-Ontario payroll

August 8, 2014 Stringer LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Source Deductions and Reporting, Union Relations, Wages and Compensation

A recent French language decision from the Ontario Superior Court of Justice indicates that more employers could be subject to liability for an employee entitlement often relegated to the role of afterthought: severance pay.

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Summary judgment motion may help circumvent the litigation process in some cases

August 1, 2014 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll

Wrongful dismissal claims are the bread and butter of employment lawyers. We deal with a wide variety of issues, from complex litigation involving harassment and discrimination to proactive work like drafting contracts and policy manuals. However, many clients come to us because they need to pursue or defend a claim that, at its core, is focussed on the amount of notice or dismissal, or pay in lieu thereof, that the former employee is entitled to.

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Are your employment contracts enforceable?

May 15, 2014 Stringer LLP Conferences, Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Recruiting and Hiring, Wages and Compensation

Many employers prepare written employment agreements that limit employee entitlements on termination of employment. In the absence of an enforceable termination provision, employees are entitled to notice of termination at common law, or pay in lieu thereof.

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Duty to fairly and thoroughly investigate alleged misconduct before taking disciplinary action

November 1, 2013 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Wages and Compensation

One aspect of the law relating to termination of employment that has developed in recent years is the obligation of an employer to fairly and thoroughly investigate alleged misconduct before taking disciplinary action. Several decisions over the past few years have made it clear that if an employer fails to investigate, or fails to investigate properly, before dismissing an employee for cause, they are likely to face damages for wrongful dismissal, as well as extraordinary damages relating to the matter of dismissal and the impact on the employee.

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Termination clauses can be void even if only a possibility they could violate Employment Standards Act

April 5, 2012 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Human Resources

As those who read my comments regularly will know, I recommend that every employee be asked to sign an employment agreement that sets out, among other things, the amount of notice or pay in lieu thereof that will be required in the event of a dismissal without cause. Such a provision will eliminate all of the uncertainty that typically arises at the time of dismissal when the parties must assess, negotiate and possibly litigate what “reasonable notice” would be in light of all the circumstances.

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