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Discussions on Human Resources, Employment Law, Payroll and Internal Controls

reasonable notice

By | 4 Minutes Read

Termination clause update: ousting the common law and the danger of fixed penalties

A "termination clause" is a type of contractual term which specifies entitlements owed to a worker at the end of their employment. They come in many different shapes and sizes. Whatever the construction, the usual motivation for employers in drafting termination clauses is to control costs and provide for certainty at the end of the employment relationship.

By | 2 Minutes Read

Court confirms that under the unjust dismissal section of the Canada Labour Code the arbitrator can order reinstatement or compensation in lieu

In Hussey v Bell Mobility ( 2022 FCA 95) Justice Pelletier was reviewing the decision of a Unjust Dismissal Adjudicator who, having found that the employee was unjustly dismissed, refused to reinstate her as he was not satisfied that given the employee’s past actions and her lack of remorse and self reflection, that there existed the grounds for a viable continuing employment relationship.

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