statutory rights

Desperate times do not justify desperate measures

July 12, 2013 Alison J. Bird Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation

In Trites v. Renin Corp, the court considered “the novel and perplexing legal issue” of whether an employer that is experiencing significant financial difficulties can unilaterally impose a temporary layoff on an employee in the absence of an express or implied term in the contract of employment to support the employer’s action.

action for damages, claims of wrongful dismissal, common law claim, constructive dismissal, constructively dismissed, contract of employment, dismissing employees, employer’s financial struggles, employment law, employment standards act, medical or dental benefits, recall date, statutory rights, substantial payments, supplementary unemployment benefits, temporary layoff, term of layoff

Not all releases are created equal

September 24, 2012 Alison J. Bird Employment/Labour Standards, Human Resources

A recent case from Ontario is cautioning employers to think twice before relying on a release from an employee to shield them from a future wrongful dismissal claim.

common law, employment law, execution of a release, legal advice, relying on a release, statutory rights, termination, terminations, unconscionable agreement, unfair release, wrongful dismissal action, wrongful dismissal claim