Numerous changes to the Canada Labour Code (CLC) are coming into effect on February 1, 2024, and it will be very important for human resources professionals to understand how these amendments affect both employers and employees.
Is there an upper limit to an award of notice/severance? If so, what criteria will Courts use to assess whether it will award reasonable notice in excess of this upper limit? Unless restricted by contract, an employee is entitled to notice of dismissal or, more commonly, pay in lieu.
In Ontario, employers are required to provide employees with reasonable advance notice of their dismissal (or payment in lieu thereof). This requirement applies unless the parties have agreed in writing for the employer to provide an alternate lawful entitlement. To qualify as an alternate lawful entitlement, the language must comply in all circumstances with the minimum requirements of the Employment Standards Act, 2000.