Twenty-four months’ notice in the absence of exceptional circumstances
The law with respect to notice periods at common law seems pretty simple: the maximum is 24 months in the absence of “exceptional circumstances”.
termination notice
More than you bargained for: Seniority of assumed employees still relevant even where purchaser is granted broad release
In Antchipalovskaia v. Guestlogix Inc., 2022 ONCA 454 (“Guestlogix”), the Court of Appeal for Ontario recently held that where an employee is terminated and re-hired in the course of proceedings under the Companies’ Creditors Arrangement Act (Canada) (“CCAA”) and any claims associated with that termination are released, the employee’s pre-CCAA service period remains relevant in determining their entitlements if they are subsequently terminated again.
Exclusive or near-exclusive economic dependence determinative of dependent contractor status: Ontario Court of Appeal
Between employees and independent contractors exists a third, lesser known category of employment relationship: the dependent contractor. Unlike independent contractors, and subject to specific contractual termination provisions, dependent contractor relationships cannot generally be terminated without notice, or pay in lieu thereof.
