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Discussions on Human Resources, Employment Law, Payroll and Internal Controls

termination pay

By | 3 Minutes Read

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.

By | 4 Minutes Read

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.

By | 3 Minutes Read

What is bad faith in a termination?

Terminating an employee is tough. The conversation in which the employer provides the employee with notice of termination can be awkward. Given how difficult terminations are, for both the employer and the employee, courts hold employers "to an obligation of good faith and fair dealing in the manner of dismissal."

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