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severance

Is the termination clause in my employment agreement enforceable?

In this article, we consider some of the circumstances that can result in a termination clause being found unenforceable.

 

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Calculating severance: What do the courts say?

In the past I have written about the different factors that are considered in assessing severance for a termination. Being a lawyer, I also provided the standard cop-out that “there is no formula for determining reasonable notice or severance amounts”.

 

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OLRB rules that when it comes to severance it’s Ontario-based operations alone

In his application, Mr. Hawkes sought review of the January 25, 2017 decision of an Employment Standards Officer (“ESO”), who determined that he was not entitled to severance pay pursuant to section 64 of the Act.

 

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Wrongful dismissal in Ontario: how do we calculate the value of lost benefits?

When an employee is fired and not given sufficient notice, a common point of dispute becomes how to properly calculate the lost value of non-monetary benefits.

 

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Employee induced to leave his employment and terminated six months later awarded six months’ pay

Greenlees v. Starline Windows Ltd. demonstrates the willingness of courts to award longer notice periods to short-term employees, particularly when the conduct of the employer induces the employee to leave his previous employment.

 

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Court awards six months’ pay in lieu of notice to employee terminated after six months

In this case, the BC Supreme Court awarded an employee six months’ pay in lieu of notice after he was induced to leave his job for a new position, only to be dismissed six months later.

 

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Severance for sales people

This article examines whether employers must include commissions, in addition to base salary, when calculating severance pay for sales people.

 

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Why employers shouldn’t use severance calculators

Determining the period of reasonable notice is an art not a science. In each case trial judges must weigh and balance a catalogue of relevant factors.

 

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Ontario Court of Appeal addresses the issue of what constitutes mitigation income

The Court addressed the issue of what constitutes mitigation income for purposes of assessing any required deductions from common law entitlements.

 

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Top 10 most read First Reference Talks posts 2016 & Season’s Greetings

2016 Top 10 First Reference Talks

We are signing off with a list of the top 10 most read First Reference Talks posts 2016. Human rights issues and rules for termination notice seem to have been hot topics this year with several blog posts on the topics making it on the list. The top 10 most read First Reference Talks posts […]

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with defaming a former employee; deductibility of membership dues; and, limited notice of termination.

 

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Mistaken termination, no wrongful dismissal

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.

 

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Slaw: Superior court of justice certifies a class action for wrongful dismissal against IQT

On January 2, 2014 Justice Perell of the Ontario Superior Court of Justice certified a class proceeding by 527 wrongfully terminated employees led by Bob Brigaitis and Cindy Rupert against their now bankrupt employer, IQT Solutions and the officers, directors, shareholders…

 

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Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with an updated version of the 2014 compensation forecast; how the principle of a pay cut without consideration prevails; and the termination of an impaired employee despite mitigating factors.

 

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Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with dishonesty as cause for employee termination, the new CSA national OHS training standard and how ongoing tardiness and breach of trust justified termination for cause

 

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