termination and severance pay

Calculating severance: What do the courts say?

May 24, 2019 Occasional Contributors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, 0

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”.

employment law, notice period, pay in lieu of notice of termination, severance, termination and severance pay, termination notice, termination pay, wrongful dismissal, wrongful termination

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

March 18, 2019 Sean Bawden Employee Relations, Employment/Labour Standards, Human Resources, International Payroll, Notice, Damages and Settlements, Payroll, Wages and Compensation

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.

employment law, severance, termination and severance pay, termination pay

Three popular articles this week on HRinfodesk

April 7, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Penalties and Fines, Wages and Compensation

Three popular articles this week on HRinfodesk deal with three cases: One case looks at whether an employee was entitled to public holiday pay; the second case looks at whether an employee was indeed terminated, and not transferred as stated by the employer; and the third case looks at employee discipline.

employee suspension, employment law, employment standards act, federal court of appeal, Ontario Labour Relations Board, Order to Pay, Public Holiday Pay, standards of review, termination, termination and severance pay

Contracting out of the Ontario Employment Standards Act

April 16, 2014 Earl Altman Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

The Employment Standards Act in Ontario is legislation designed to protect the rights of all workers in the province. Under section 3, the Act specifies that it applied to any employee in the Province of Ontario, or any employee who is performing work outside of Ontario that is “…continuance of work performed in Ontario.” The Act contains numerous protections for Ontario employees, such as limiting the maximum hours of work in a week, providing an entitlement to overtime pay, and creating entitlements such as parental leave, vacation and personal leave. The Act also provides for the employee’s rights in the event of a termination of employment. Many employers have perceived these entitlements as onerous in some circumstances. In order to attempt to avoid such payments, or other obligations under the Act, employers have sought to have employees sign contracts containing provisions which purport to surrender the employee’s rights under the Act. This is generally referred to as “contracting out”.

common law notice, contract out of the Act, Dismissal, employment contract, employment contracts, employment law, employment standards act, Employment Standards Act entitlement, enforceability of such clauses, evidence of the parties’ intentions, notice entitlement, summary judgment, terminated without cause, termination, termination and severance pay, termination clauses, termination pay, Termination provisions, terminations, total compensation