unjust dismissal

Reinstatement is a potential remedy, but not in this case

August 2, 2019 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Training and Development, 0

While monetary damages are the usual result of legal actions, we all know that in some contexts, reinstatement is a potential remedy. It can occur in grievance arbitrations, human rights claims, and other circumstances.

Dismissal, punctuality, terminated unjustly, termination, unjust dismissal

Supreme Court of Canada rules that employees of federally-regulated employers cannot be dismissed without cause

August 3, 2016 De Bousquet PC Barristers and Solicitors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Union Relations

The impact of this decision will likely be very substantial for a number of reasons. By requiring federally-regulated employers to always provide just cause when terminating non-unionized employees, the Court significantly expanded on the common law and statutory protections available to a large part of the working population. As a consequence of this decision, employees of federally-regulated employers will now be awarded a significantly higher degree of employment protection than their colleagues in the private sector, whose rights are largely governed by less protective provincial laws.

Canada labour Code, common law, dismissal of non-unionized employees, employment contract, employment law, employment protection, federally regulated employers, just cause for dismissal, non-unionized employee, progressive-discipline program, statutory protections, unjust dismissal

Ontario divisional court addresses enforceability of termination clause in federal jurisdiction

November 20, 2015 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

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.

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

Dismissal without just cause: not necessarily “unjust dismissal” under the Canada Labour Code

September 25, 2015 Devry Smith Frank LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations, Wages and Compensation

In Wilson v. Atomic Energy of Canada Limited, the Federal Court of Appeal has clarified the impact of the Canada Labour Code on an employer’s ability to dismiss employees without cause.

Canada labour Code, common law, Dismissal without just cause, employment law, legal context, pay in lieu of notice, Severance pay, termination, unjust dismissal

Three popular articles this week on HRinfodesk

July 30, 2015 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations, Wages and Compensation

Three popular articles this week on HRinfodesk deal with statutory severance pay; unjust dismissal; and, napping while on duty.

cause for termination, employment law, employment standards act, HRinfodesk, Labour Law, napping while on duty, Ontario Labour Relations Board, Severance pay, statutory severance pay, termination pay, unjust dismissal, unjust dismissal claim

Three popular articles this week on HRinfodesk

November 20, 2014 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Union Relations, Wages and Compensation

Three popular articles this week on HRinfodesk deal with unjust dismissal; termination due to pregnancy; and, October 2014 labour force survey.

dismissal was not an excessive response, employment law, HRinfodesk, human rights code, Labour force survey, reasonable cause to discipline, report to work, Statistics Canada, termination, termination was due to pregnancy, unemployment rate, unjust dismissal

Most-viewed articles this week on HRinfodesk

August 15, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits, Wages and Compensation

The three most viewed articles on HRinfodesk this week deal with the taxability of an employer provided fitness facility, allegations of employee theft and a dismissal without cause under the Canada Labour Code.

Canada labour Code, canadian employment law, Club membership, dismissal without cause, dismissed for just cause, employee theft, employer provided fitness facility, employment law, personal purchases on the company credit card, taxable benefit, termination, terminations, unauthorized claims for personal expenses, unjust dismissal, wrongful dismissal