statutory termination pay

Will a judge enforce the termination clause in your organization’s employment contract?

September 11, 2018 Doug MacLeod, MacLeod Law Firm Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring

Although it is theoretically possible to limit an employee’s rights on termination to ESA minimums, it is difficult to do so in practice because trial judges are reluctant to enforce them.

employment contract, employment law, statutory termination pay, Termination clause

OLRB rules that sleeping on the job does not constitute “intentional misconduct” under ESA

July 22, 2015 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

Anyone involved in human resources may think that if an employee who works in a manufacturing facility surrounded by potential health and safety hazards is found sleeping on the job on more than one occasion, they should be dismissed for cause and disentitled to severance of any kind. That would be a reasonable “gut reaction” to this type of fact situation. In fact, such decisions are routinely upheld by both the courts and labour arbitrators.

appropriate workplace conduct, employment law, employment standards act, intentional misconduct, Ontario Labour Relations Board, potential health and safety hazards, progressive discipline policy, sleeping on the job, statutory termination pay, termination pay, ulpable or non-culpable explanation, willful misconduct, “zero-tolerance” policy

Avoiding liability pitfalls when dismissing short service employees

March 16, 2015 Vey Willetts LLP Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation

All too often short service employees are overlooked in terms of an employer’s potential liability. After all, such workers can often be dismissed with minimal severance and without great fear of litigation. However…

anti-harassment and violence policy, common law notice, common law reasonable notice, employment law, employment standards act, Empoyment contract, Good faith in the manner of dismissal, inducement, occupational health and safety act, probationary periods, protection of the Ontario Human Rights Code, reasonable accommodation of needs, reasonable notice period, statutory termination pay, termination with notice, three-month probationary period, work in an environment free from sexual harassment, written employment contract