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.
In Reotech Construction Ltd. v. Snider, BCSC 317, Justice Fleming, sitting on appeal from a decision of the Provincial Court, found that the trial judge erred when the Court failed to deduct the $9,000 CERB payment received by the Plaintiff from the damage award.
Last year, three of my top five stories were COVID related. This year all five stories are COVID related, covering temporary layoffs, mandatory vaccination policies, just cause for termination, reasonable notice periods and wrongful dismissal damages.