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termination of an employee

By Simon Heath, BA, MIR, LLB, Heath Law | 3 Minutes Read November 20, 2015

Ontario divisional court addresses enforceability of termination clause in federal jurisdiction

In the past three years there have been a number of cases arising from the Ontario courts considering whether or not termination clauses which purport to rebut the implied presumption of common law notice and limit an employee’s entitlements upon termination are enforceable. The enforceability of such clauses can have significant consequences on the quantum of an individual’s damages because an employee’s common law entitlements typically exceed his/her minimum entitlements under the applicable minimum standards legislation. The Ontario Division Court recently considered the enforceability of a termination clause in the federal sector in Luney v. Day Ross Inc., 2015 ONSC 1440.

Article by Simon Heath, BA, MIR, LLB, Heath Law / Employee Relations, Employment Standards, Payroll / Canada labour Code, common law notice, corporate reorganization, employment contract, employment law, Enforceability of termination clause, just cause, notice and severance, notice and severance payments, right to reinstatement, Termination clause, termination of an employee, trucking business, unjust dismissal

By Marie-Yosie Saint-Cyr, LL.B. Managing Editor | < 1 Minutes Read January 8, 2015

Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with accommodation on the ground of disability and new HRPA professional designations.

Article by Marie-Yosie Saint-Cyr, LL.B. Managing Editor / Employee Relations, Employment Standards, Human Rights, Payroll / accommodation on the ground of disability, Certified Human Resources Professional, CHRP, Disability, duty to accommodate, employment law, HRinfodesk, HRPA professional designations, perceived disability, professional designations for human resources professionals, Refusal to cooperate in accommodation process, reinstatement, short period of absenteeism, termination of an employee, undue hardship

By Occasional Contributors | 3 Minutes Read July 29, 2013

Employee dismissed for cause after breach of privacy policy

In Steel v. Coast Capital Savings Credit Union, the Supreme Court of British Columbia upheld the termination of an employee on a with cause basis after the employee breached the bank’s confidentiality policy

Article by Occasional Contributors / Business, Finance and Accounting, Not for Profit, Privacy / bank’s confidentiality policy, breach of privacy policy, confidentiality, credit union, damages, Employee dismissed for cause, employee handbook, employees’ personal folders, HR Department, Human Resources, internal technical support, IT department, job duties, just cause, management, performance review process, permission, policies and procedures, policies and protocols, policy manual, terminate an employee without notice or pay in lieu thereof, termination of an employee, wrongful dismissal

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