working notice

“Failsafe” language fails to save termination provision

December 16, 2019 Sean Bawden Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

If a contractual termination clause provides for “the greater of” ESA entitlements and a set amount, will the guarantee of “the greater of” act as a failsafe if the rest of the provision is contrary to the provisions of the ESA?

contractual termination provisions, employment law, greater benefit, statutory entitlements, Termination clause, termination of employment, termination provision, working notice

Form and substance: Mass termination and working notice requirements clarified by Ontario Court of Appeal

August 12, 2019 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

Employment standards statutes in each Canadian jurisdiction contain special provisions for minimum termination notice or pay in lieu thereof, which apply when a prescribed number of employees will be terminated within a particular timeframe.

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Goods news and bad news: ONCA rules on notice requirements during mass terminations

September 24, 2018 Devan Marr Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

On September 19, 2018, the Ontario Court of Appeal released the decision of Wood v. CTS of Canada Co., and addressed several important issues surrounding mass termination events in Ontario. Specifically, the Court addressed the requirement to post prescribed notices at the commencement of the statutory notice period, that non-consensual overtime demands may dis-entitle employers to credit for working notice, and that notices of termination must always be clear and unequivocal in order to remain valid.

employment law, Mass termination, notice requirements, overtime, statutory notice period, temporary work, working notice

Limitation periods and statutory severance pay: an update

January 12, 2018 Vey Willetts LLP Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll

An interesting decision from the Ontario Superior Court came out last recently concerning when the limitations period begins to run for claims of wrongful dismissal and statutory severance pay. In the case in question, the Court held that the limitation period to claim unpaid statutory severance pay commences as soon as working notice of dismissal is issued to an employee.

claims of wrongful dismissal, employment law, Limitation Periods, pay in lie of notice, Severance pay, statutory severance pay, working notice

Working notice inappropriate for employees who cannot work

December 19, 2017 Stringer LLP Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Penalties and Fines

The Ontario Superior Court recently awarded an employee on leave due to disability, damages representing the salary he would have earned had he been able to work during the working notice period set by his employer.

Disability, disability leave, employment law, health and safety, just cause, Notice of termination, termination, working notice

Is working notice appropriate while an employee is medically incapable of working?

September 21, 2017 Matt Lalande, Lalande & Company Lawyers Notice, Damages and Settlements, Payroll

In the recent decision of McLeod v. 127448 Ontario Inc. the Court (once again) answered whether or not a Plaintiff, who was incapable of working when he received notice of termination, was entitled to damages representing a salary which he would have earned had he worked during his notice period.

employment law, medical leave, notice period, termination, working notice, wrongful dimissal

Three popular articles this week on HRinfodesk

September 14, 2017 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Payroll, Wages and Compensation

The three popular articles this week on HRinfodesk deal with: how working notice is not appropriate when an employee is on a medical leave, Canadian salaries are expected to increase 2.3 percent in 2018 and the OHIP+: Children and Youth Pharmacare program launch.

2018 salary increase projection, employment law, medical leave, OHIP, working notice

Wrongful dismissal: When does the limitation period clock start running?

April 18, 2017 Vey Willetts LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation

A recent decision from the Ontario Superior Court of Justice touches upon a little discussed area of employment law. Specifically, when does the limitation period clock start running for a claim of wrongful dismissal?

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Three popular articles this week on HRinfodesk

March 10, 2016 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, Pensions and Benefits, Union Relations, Wages and Compensation

Three popular articles this week on HRinfodesk deal with the ban on e-cigarettes; an employee refusing to work the notice period; and, managing short-term absences.

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Working through the notice period

February 5, 2016 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

Let’s begin with a point that comes as a surprise to many employees and employers: there is nothing legally wrong with providing an employee with working notice of their dismissal and requiring that they continue to attend at work and perform their duties throughout the notice period.

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Going global: Ontario Superior Court grants severance pay based on non-Ontario payroll

August 8, 2014 Stringer LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Source Deductions and Reporting, Union Relations, Wages and Compensation

A recent French language decision from the Ontario Superior Court of Justice indicates that more employers could be subject to liability for an employee entitlement often relegated to the role of afterthought: severance pay.

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Three popular articles this week on HRinfodesk

June 26, 2014 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

Three popular articles this week on HRinfodesk deal with reasonable notice of termination and the definition of salary or wages under the Income Tax Act.

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Preventing an employee from working during working notice can be constructive dismissal

April 7, 2014 Alison J. Bird Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

In Allen v Ainsworth Lumber Co Ltd, 2013 BCCA 271, the British Columbia Court of Appeal upheld a lower court decision which held that an employer’s refusal to allow an employee to work during a purported “working notice” period constituted constructive dismissal.

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

March 10, 2014 Alison J. Bird Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

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.

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