termination with cause
October 25, 2019 Jeff Dutton, Dutton Employment Law Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll,
In Waksdale v. Swegon North America Inc., 2019 ONSC 5705 (CanLII), the Plaintiff signed an Employment Agreement that had a Termination Section that contained both a Termination Without Cause Clause and a Termination With Cause Clause. However, it is important to note that the Termination Without Cause Clause and the Termination With Cause Clause were in two distinct paragraphs separated from each other in the Termination Section. They were not mixed together in the same paragraph.
termination with cause, termination without cause
October 21, 2019 Barry B. Fisher LL.B. Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll, Training and Development,
I sometimes hear lawyers tell the clients that upholding just cause for poor performance is almost impossible. Not so if the employer does it right.
employment law, just cause dismissal, poor performance, progressive discipline process, termination for poor performance, termination with cause
February 20, 2019 Sean Bawden Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll,
Is it a discriminatory practice and potential breach of the Ontario Human Right Code for a nursing home to prohibit nurses from stealing narcotics?
addiction in the workplace, discriminatory practice, duty to accommodate, employment law, prima facie discrimination, termination, termination with cause
January 19, 2017 Cristina Lavecchia Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation
The three popular articles this week on HRinfodesk deal with: Meal and vehicle rates used to calculate travel expenses for 2016; important changes to form RC59 coming; and case about employee who was awarded punitive damages in dismissal claim.
dismissal claim, employment law, Form RC59, independent contractor, meal and vehicle rates, meal expenses, punitive damages, termination with cause, travel expenses, vehicle expenses, wrongful dismissal
January 7, 2016 Stringer LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Training and Development
A recent decision from the Ontario Superior Court is a reminder to employers that dismissal for just cause must be based on solid ground. Relying on vague acts of misconduct will not suffice, and policies must be properly implemented and consistently enforced.
acts of misconduct, allegations of consumption of alcohol during working hours, dismissal for just cause, drink during working hours, driving a company vehicle while impaired, employment law, intoxicated while at work, summary dismissal, termination with cause, under the influence of alcohol while at work, zero-tolerance for alcohol policy
September 9, 2014 Stringer LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll
While employee theft is frequently grounds for termination, shades of grey do appear in the case law. In a recent case, the Ontario Superior Court enforced a settlement agreement in a wrongful dismissal action even though an employee had not told her employer of a loan she had taken from a social committee without permission.
criminal wrongdoing, Dennis v Ontario Lottery and Gaming Corporation, employer loan, full and final release, grounds for termination, online scam, settlement agreement, termination, termination with cause, terminations, Workplace theft, wrongdoing, wrongful dismissal
July 11, 2014 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation
Since the Supreme Court of Canada’s decision earlier this year in Hryniak v. Mauldin 2014 SCC 7 (CanLII) more and more employees are bringing summary judgment motions to resolve their wrongful dismissal cases.
alternative employment, appropriate reasonable notice period, discoveries or a mediation, duty to mitigate, employer terminates an employee without just cause, employment law, failed to mitigate his loss of employment, Hryniak v. Mauldin, just cause for termination, reasonable notice period, statement of claim, summary judgment, Supreme Court of Canada, termination, termination with cause, terminations, What is decided at a summary judgment motion?, wrongful dismissal
April 30, 2014 Adam Gorley Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation
Ten months after Imelda Roche went on medical leave, her employer sent her a termination letter, believing that she was better but choosing not to return to work. But when the employer found out Roche was still not well, it rescinded the termination and restored her benefits. Roche wasn’t impressed and sued for wrongful dismissal at the Supreme Court of Newfoundland and Labrador.
employment law, health benefits, long-term disability leave, medical leave, mistaken termination, Newfoundland and Labrador, poor communication, repudiation of contract, restoring benefits, restructuring, Return to work, revoking termination, severance, terminating employee on medical leave, termination, termination with cause, workplace communication, wrongful dismissal
August 1, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation
The three most viewed articles on HRinfodesk this week deal with the accommodation of Muslim employees during Ramadan and the terminations of a disable employee and an employee who was a “simmering ball of negativity.”
Accommodating employees who observe Ramadan, Alberta Human Rights Commission, canadian employment law, Disability, disabled employee, discrimination, duty to accommodate, employment law, Muslim employees, performance reviews, poor performance, Ramadan, religious accommodation, termination, termination with cause, termination without notice, terminations, work-related injury
July 10, 2013 Stringer LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation
A recent decision by the British Columbia Court of Appeal highlights the importance of carefully crafting written employment agreements whenever shares are issued as part of employee compensation.
benefit-related documents, British Columbia Court of Appeal, employee compensation, employee was required to sell his shares, employment agreements, employment contract, employment contracts, employment terminated without cause, issuing shares, mitigation, post-termination, proportion of shares to be issued to each employee from an available pool based upon a number of objective and subjective factors, quantum of reasonable notice, reasonable notice, shareholders’ agreement, terminated without reasonable notice, termination, termination with cause, terminations, without notice
April 25, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Training and Development, Union Relations
The three most viewed articles on HRinfodesk this week deal with dishonesty as cause for employee termination, the new CSA national OHS training standard and how ongoing tardiness and breach of trust justified termination for cause
Alberta Board of Arbitration, breach of trust, Canadian Standards Association, chronic lateness, CSA OHS training standard, CSA Z1001 – Occupational Health and Safety Training, Employee dishonesty, employee termination, employment law, employment relationship, just cause, Labour Law, Occupational Heal and Safety Training, OHS Training, Ongoing tardiness, right to terminate an employee for cause, severance, termination, termination for cause, termination pay, termination with cause, terminations, training obligation, wrongful dismissal
April 5, 2013 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources
Most people assume that they know what a probationary period is and how it works in Canada. Unfortunately, however, there are many misconceptions with respect to the law in this regard, and many employers unknowingly expose themselves to significant liability when they hire new employees.
90 day probationary period, bad faith termination, Cao v. SBLR LLP, Certified General Accountant designation, common-law requirement of reasonable notice, contractual obligation, employment contract, employment law, enforceable contractual provision, fitness for the position, liability, notice of dismissal, offer letter, one month of employment, Ontario Small Claims Court, pay in lieu of notice, performance review, probation, probationary period, record of employment, rights and obligations, termination notice, termination with cause, termination without cause
March 13, 2013 Adam Gorley Employee Relations, HR Policies and Procedures, Human Resources
A small-town bank manager who had an affair with a subordinate—including sex in the bank, during and after hours—should not have been dismissed for cause, according to the Federal Court of Appeal. Nevertheless, given the circumstances, it was not appropriate to reinstate the employee to his job.
consensual sexual relationship, Dismissal, employment law, federal court of appeal, his actions caused negligible harm to the employer, inappropriate behaviour, office affair, office romance, progressive discipline, reinstatement, termination, termination with cause, terminations, wrongful dismissal
February 26, 2013 Earl Altman Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation
When one corporation “buys out” another (by asset purchase, share purchase, or other transaction), the impact on the buyers and sellers is clear. There are clearly winners and losers which is what presumably drove the transaction to begin with. While the employers of the purchasing and selling companies. The structure of the transaction can have a significant impact on their futures. Fortunately, the Ontario Employment Standard Act does provide certain safeguards for employees in the circumstances. For example the Employment Standard Act imposes a requirement for payment of up to one week per year of service.
asset purchase, buyers and sellers, capital and ideas, commercial transaction, common law, Conflict of interests, contract of employment, contractual obligations, covenants in restraint of trade, employers of the purchasing and selling companies, employment agreement, employment law, Employment Standard Act, free and open-market for labour, nature of the business, non-competition and solicitation covenants, ontario, other transaction, payment of up to one week per year of service, prevent the former employee from competing, public policy, refrain from competing with their former employer or soliciting the former co-workers to leave the purchased business, restrictive covenants, senior executives who are also shareholders in the company being purchased, share purchase, termination with cause, terminations, When one corporation “buys out” another
February 21, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights
The three most viewed articles on HRinfodesk this week deal with workplace discrimination due to childcare obligations, terminating a disabled employee on sick leave and the need to have clear written policies on employee conduct and discipline.
Canadian Human Rights Tribunal, Child care obligations, childcare obligations, childcare obligations do fall within family status, clear written policies, Disability, discrimination, duty to accommodate, employee conduct and discipline, employee on disability leave, employment law, family status, Federal Court of Canada, human rights law, Ontario Human Rights Tribunal, policies and procedures, sick leave, terminating an employee with a disability, termination, Termination process, termination with cause, terminations
Ageism is a big problem in the legal community. Bay Street firms and others are not interested in applicants' skills, knowledge, etc. unless they are... – Nov 16, 11:05 AM
Excellent article !! Right on point. So many times we encounter opinionated employer representatives or coworkers who address complaints from positions of bias. Bias that... – Oct 30, 12:07 AM
