wilful misconduct

Termination clause update: New developments concerning benefit continuation and just cause language

February 15, 2019 Vey Willetts LLP Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation, 0

We are not long into 2019 and yet one thing already seems clear – the law concerning employment contract termination clauses will continue to be the focus of a great deal of litigation in Ontario. In just the past few months alone, new decisions from the Superior Court have helped to advance the law and provide further guidance to employers on proper drafting of termination clauses.

benefits continuation, common law entitlement, employment contracts, employment law, just cause, reasonable notice of employment termination, wilful misconduct

Three popular articles this week on HRinfodesk

January 29, 2016 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, Pensions and Benefits, Union Relations, Wages and Compensation

Three popular articles this week on HRinfodesk deal with an independent medical examination; wilful misconduct; and, 27 months of common law reasonable notice.

accommodation request, Bardal Factors, common law reasonable notice, dismissing an employee for just cause, disobedience, duty to accommodate, employment law, HRinfodesk, independent medical examination, Labour Law, neglect of duty, notice period, termination, terminations, wilful misconduct

Three popular articles this week on HRinfodesk

October 8, 2015 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Union Relations, Wages and Compensation

Three popular articles this week on HRinfodesk deal with wilful misconduct; family status and eldercare; and, criminal negligence causing death under OHSA.

Canadian Human Rights Act, criminal negligence causing death, discrimination, eldercare, eldercare obligations, employment law, family status, HR Law, HRinfodesk, pay in lieu of notice, termination pay in lieu of notice, termination without notice, wilful misconduct, Workplace accident

Most-viewed articles this month on HRinfodesk

May 24, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Employment/Labour Standards, Human Resources

Beware of terminating long-term employees without proper notice The Ontario Superior Court of Justice decided that an employer terminated a 65-year-old long-term employee without the proper amount of notice or severance. As a result, the employer had to pay hefty damages, interest and costs awards. Entitlement to paid sick leave and termination pay denied The […]

drake v. blach, employment law, Entitlement, HRinfodesk, proper notice, reasonable termination notice, sick days, sick leave, termination, termination notice, termination pay, wilful misconduct

Working notice: destined to fail?

August 4, 2011 Rudner Law, Employment / HR Law & Mediation Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation

I always advise clients to consider their options when they must dismiss an individual (assuming it is without cause). Rather than automatically offering a package, and paying the employee not to work, I encourage our clients to consider whether a period of working notice could be viable. By doing so, at least they would get some value for their money. However, I often think back to a comment made by Mr. Justice Donnelly of the Ontario Superior Court of Justice, who, in the course of considering a wrongful dismissal claim, opined that “[w]orking notice is an institution almost invariably predestined to fail.”

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Misconduct amounted to just cause but did not disallow termination notice

March 30, 2011 Christina Catenacci Employment/Labour Standards, Human Resources

A recent Ontario case dealt with an employee’s misconduct that clearly amounted to just cause for termination; however, the employee was still entitled to termination pay.

breach of company rules, employee misconduct, employment law, employment standards act, just cause, misconduct, ontario, policy, progressive discipline, Regulation 288/01, Severance pay, termination, termination notice, termination pay, wilful misconduct, wilful neglect of duty, wilful or reckless conduct