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working notice of termination

By Alison J. Bird | 3 Minutes Read March 10, 2014

Employer’s unreasonable increase in duties and poor response to employee concerns constitutes constructive dismissal

Often constructive dismissal cases involving a change in duties arise from an employer’s unilateral reduction in an employee’s duties. However, Damaso v PSI Peripheral Solutions Inc, is just the opposite. An employee alleged that an employer’s unilateral increase in his duties resulted in his constructive dismissal.

Article by Alison J. Bird / Employee Relations, Employment Standards, Payroll / ability to perform duties, condonation, constructive dismissal, disability leave, Dismissal, duty to mitigate, Employer refused to give him a raise, employment law, hostile work environment, increase in duties, increase in salary, job description, job responsibilities, pay in lieu of notice of termination, salary, termination, termination letter, terminations, working notice, working notice of termination, workload

By Rudner Law, Employment / HR Law & Mediation | 3 Minutes Read August 4, 2011

Working notice: destined to fail?

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.”

Article by Rudner Law, Employment / HR Law & Mediation / Employment Standards, Payroll / Elg v. Stirling Doors, employment law, notice period, Ontario Superior Court of Justice, pay in lieu of notice, terminate an employee without cause, termination, termination notice, wilful misconduct, working notice, working notice of termination, wrongful dismissal

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