without cause

More bad news for fixed term contracts

July 15, 2016 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Wages and Compensation

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.

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

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

September 24, 2014 Occasional Contributors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation

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.

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

When does it make sense to fire without cause?

February 27, 2012 Adam Gorley Employee Relations, Employment/Labour Standards, Human Resources, Recruiting and Hiring, Union Relations

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.

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