First Reference Talks

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

By | 3 Minutes Read

Ontario Court of Appeal: Upon termination, employee’s shareholder rights distinct from common law entitlements

In Mikelsteins v Morrison Hershfield Limited, the Ontario Court of Appeal held that an employee was not entitled to compensation over his common law notice period in connection with shares he had purchased under a shareholders agreement.

By | 6 Minutes Read

Mass termination and working notice requirements clarified by Ontario Court of Appeal

A recent decision of the Ontario Court of Appeal has clarified employers’ notice obligations in the event of business closure, particularly with respect to mass termination notice requirements under the Employment Standards Act, 2000 (the “ESA”) and “working notice” more broadly.

By | 5 Minutes Read

Goods news and bad news: ONCA rules on notice requirements during mass terminations

On September 19, 2018, the Ontario Court of Appeal released the decision of Wood v. CTS of Canada Co., and addressed several important issues surrounding mass termination events in Ontario. Specifically, the Court addressed the requirement to post prescribed notices at the commencement of the statutory notice period, that non-consensual overtime demands may dis-entitle employers to credit for working notice, and that notices of termination must always be clear and unequivocal in order to remain valid.

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