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termination pay

By Rudner Law, Employment / HR Law & Mediation | 4 Minutes Read November 4, 2022

Decisions clarify the duty to mitigate

Job loss almost always comes as a shock. Many people define themselves by their job — when this disappears, it takes part of their identity. Luckily, job loss does not usually mean an immediate loss of income, since most dismissals involve some financial payment (usually referred to as “severance”).

Article by Rudner Law, Employment / HR Law & Mediation / Employment Standards / duty to mitigate, employment law, failure to mitigate, job loss, severance, termination, termination pay Leave a Comment

By Doug MacLeod, MacLeod Law Firm | 3 Minutes Read September 13, 2022

Specific penalty clause renders an ESA termination clause unenforceable

If followed, a recent Ontario case could result in the elimination of many specific penalty clauses in employment contracts. A specific penalty clause states that if an employee engages in a specific behaviour then the employee agrees s/he can be terminated for just cause without any notice or termination pay in lieu of this notice.

Article by Doug MacLeod, MacLeod Law Firm / Employment Standards, Payroll / breach of contract, employment contract, employment law, termination, Termination clause, termination clauses in employment contracts, termination pay, wrongful dismissal Leave a Comment

By Rudner Law, Employment / HR Law & Mediation | 4 Minutes Read May 6, 2022

Court of appeal finds single incident of touching not wilful misconduct, but just cause for dismissal

In Render v ThyssenKrupp Elevator (Canada) Limited Group, the Ontario Court of Appeal clarified the threshold to establish willful misconduct under the Ontario Employment Standards Act, 2000 and provided guidance on how sexual harassment should be assessed in the workplace. Importantly, the Court found that while a single incident of inappropriate touching did not amount to willful misconduct as it was not preplanned, the employee's dismissal for cause was a proportionate response.

Article by Rudner Law, Employment / HR Law & Mediation / Employment Standards, Payroll / employment law, just cause dismissal, sexual harassment, termination, termination pay, willful misconduct Leave a Comment

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