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without cause

By McCarthy Tétrault LLP | 2 Minutes Read July 15, 2016

More bad news for fixed term contracts

A few months ago we commented on a case where a fixed term contract caused an employer significant liability because it did not allow for early termination prior to the end of the fixed term. The Ontario Court of Appeal recently released a decision, Howard v. Benson Group Inc., which provides a further warning about the use of fixed term contracts.

Article by McCarthy Tétrault LLP / Employee Relations, Employment Standards, Payroll / duty to mitigate, employment agreement, employment contract, employment law, employment standards act, end of the fixed term, fixed-term contracts, indefinite term contracts, reasonable notice, termination, terms and conditions of employment, without cause

By Occasional Contributors | 2 Minutes Read September 24, 2014

Punitive damages: Court of Appeal of Quebec reduces damages payable by an employer following a constructive dismissal

On July 7, 2014, the majority of the Quebec Court of Appeal allowed an appeal from a judgment of the Superior Court that had ordered the employer to pay an amount of $1,086,767 due to a constructive dismissal, to reduce the amount of the damages awarded to $709,488.

Article by Occasional Contributors / Employee Relations, Employment Standards, Human Rights, Payroll / Charter of Human Rights and Freedoms, common law notice, constructive dismissal, demoted, demotion, discrimination, Dismissal, employee had suffered harassment, employee's illness, employment law, Kseniya Veretelnik, moral damages, non-pecuniary damages, notice period, punitive damages, Quebec Court of Appeal, sick leave, Stikeman Elliott LLP, termination, terminations, without cause

By Adam Gorley | 3 Minutes Read February 27, 2012

When does it make sense to fire without cause?

The recent firing of Toronto Transit Commission head Gary Webster makes it difficult for the city to claim it is trying to run like a business. Webster, a 37-year TTC employee, was a year away from the end of his contract, and his termination without cause will likely cost the city at least $500,000 in severance pay, not to mention the costs associated with replacing him.

Article by Adam Gorley / Employee Relations, Employment Standards, Union Relations / common law, contract buy-out, employment contracts, essential service, Gary Webster, immigrant visa, inside workers, laibility, outside workers, Severance pay, succession planning, termination, Toronto City Council, Toronto Transit Commission, TTC, without cause, working notice, wrongful dismissal

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