payment in lieu of notice

Employers ask: what conduct by an employee constitutes cause for dismissal

November 28, 2012 Earl Altman Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits

I am frequently asked by employer clients to describe what type of conduct by an employee will be held by the courts to qualify as cause for dismissal. Employers are often frustrated by the answer they receive – that it seems that nothing less than stealing money from the company will suffice. In the case of long time employees without prior instances of misconduct, theft may still be insufficient. A recent decision of the Ontario Superior Court has fortunately clarified the circumstances in which courts will find cause for dismissal as a result of dishonesty. What is striking about the decision is the reliance of the judge on a seemingly insignificant act committed by a nineteen year employee.

benefits package, cause for dismissal, claims for medical expenses, Dependant coverage, dishonesty, employee conduct and behaviour, employee handbook, employment law, falsification of company records, falsified a claim, fictitious beneficiary under the policy, group insurance, instances of misconduct, payment in lieu of notice, policies and procedures, policy manual, reasonable termination notice, termination, termination notice, terminations, theft, wrongful dismissal

An overview of damages within the context of employment law

March 12, 2012 Matt Lalande, Lalande & Company Lawyers Employment/Labour Standards, Human Resources

A wrongful dismissal lawsuit can be a potential nightmare for companies no matter what size. Lawsuits carry with them complex claims that are often convoluted and difficult to understand for the non-legal specialist. This blog post will offer a brief overview of the parameters of some of the damages which can be claimed within the context of a wrongful dismissal lawsuit.

aggravated damages, bad faith, damages within the context of employment law, employment law, employment standards act, mental distress, payment in lieu of notice, punitive damages, Quantum, reasonable notice, Supreme Court of Canada, termination, terminations, wrongful dismissal

Court again confirms no upper limit with damages for non-management and low-level workers

February 15, 2012 Matt Lalande, Lalande & Company Lawyers Employment/Labour Standards, Human Resources

The case of Olivares v. Canac Kitchens (another in the long list of wrongful dismissal accounts against Canac Kitchens) arose from the termination of a 24-year employee. The employee was an uneducated shipping supervisor with poor English, who oversaw a team of loaders and coordinators. His salary was approximately $93,000, including overtime pay and benefits. He spent his entire Canadian working life with the company, communicating almost exclusively in Spanish. In May 2008, Canac Kitchens ceased its manufacturing operations and, as a result, Olivares was left looking for work…

Bardal Factors, Canac Kitchens, Di Tomaso v. Crown Metal Packaging Canada, employment law, employment standards act, hiring a lawyer, Keays v. Honda, mitigation, Olivares v. Canac Kitchens, payment in lieu of notice, termination, wrongful dismissal