restructuring

Considering the economic circumstance of employer when deciding notice of dismissal

June 6, 2014 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

The impact of the employer’s financial condition at the time of termination on the notice period has been the subject of some debate. In 1983, the Ontario Court of Appeal held, in Bohemier v. Storwal International Inc., that the financial circumstances of the employer are a factor that can be considered in the assessment of the notice period. Some courts have explicitly rejected the notion, however…

assessing an individual's entitlement, assessment of the notice period, Bardal Factors, Bardal v. Globe and Mail, downsizing, economic circumstance of employer, employer’s financial condition at the time of termination, employment law, entitlement to notice of dismissal or pay in lieu thereof at common-law, notice of dismissal, notice period, reasonable notice of termination, restructuring, termination, terminations

Mistaken termination, no wrongful dismissal

April 30, 2014 Adam Gorley Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation

Ten months after Imelda Roche went on medical leave, her employer sent her a termination letter, believing that she was better but choosing not to return to work. But when the employer found out Roche was still not well, it rescinded the termination and restored her benefits. Roche wasn’t impressed and sued for wrongful dismissal at the Supreme Court of Newfoundland and Labrador.

employment law, health benefits, long-term disability leave, medical leave, mistaken termination, Newfoundland and Labrador, poor communication, repudiation of contract, restoring benefits, restructuring, Return to work, revoking termination, severance, terminating employee on medical leave, termination, termination with cause, workplace communication, wrongful dismissal