Tag: employee terminations

Wrongful Dismissal Update: Ontario court reaffirms cap of 24 months reasonable notice unless exceptional circumstances exist

by Doug MacLeod | Aug 15, 2019 | For Employers

Earlier this year, a trial judge concluded that a 62 year Senior Vice President who was terminated after 37 years service was entitled to 30 months notice of termination. In fact, the judge stated he would have awarded a 36 month notice period if asked. This case...

Are Executives Entitled to Variable Compensation after being Terminated?

by Doug MacLeod | Aug 7, 2019 | For Employers

If your organization pays executives for performance and doesn’t want to pay an executive during the applicable notice period because they are not performing, consider having an employment lawyer review your plan first.

Different Company, Same Old Job: What happens when the company you work for is sold?

by Nadia Halum | Jul 8, 2019 | For Employees

Are clauses that purport to waive an employee’s years of service for the purposes of severance/notice pay enforceable? It’s all important when your company is sold. Here is what to look for.

Short service, long notice

by Nadia Halum | Apr 17, 2019 | For Employees

Employees with only a few years (or even months) of service tend to believe that they aren’t entitled to much notice or pay in lieu of notice upon termination. As we have written before, we have seen a trend of longer notice periods being awarded to employees in...

30 months and counting

by Nadia Halum | Feb 11, 2019 | For Employers

As we have written before, a wrongful dismissal occurs when an employee is terminated without just cause and the employer does not provide adequate notice of termination. An employee can claim damages equal to the remuneration the employee would have earned during the...

Temporary Layoff Update: Can An Employee Refuse a Recall?

by Doug MacLeod | Feb 5, 2019 | For Employers

Contrary to popular belief, a temporary layoff usually constitutes a wrongful dismissal which requires an employer to pay the laid off employee termination pay. This general rule does not apply in all situations such as when your employment contract states that the...

Arbitration Update: Employee with an Addiction Who Stole Narcotics is Reinstated

by Hina Ghaus | Feb 5, 2019 | For Employers

In a 2019 arbitration case, a Registered Nurse who was terminated for stealing narcotics and falsifying records was ordered reinstated to her job at a nursing home and awarded compensation because the nurse had a disability. The nurse and her union acknowledged that...

ESA Termination Clauses: Another One Bites the Dust

by Doug MacLeod | Jan 22, 2019 | For Employers

If you include a termination clause in your employment contracts that limits notice of termination to Employment Standards Act (“ESA”) minimums, then read on. This blog summarizes a case decided last month where the courts again refused to enforce an ESA termination...

« Older Entries

Wrongful Dismissal Update: Ontario court reaffirms cap of 24 months reasonable notice unless exceptional circumstances exist

Are Executives Entitled to Variable Compensation after being Terminated?

Different Company, Same Old Job: What happens when the company you work for is sold?

Short service, long notice

30 months and counting

Temporary Layoff Update: Can An Employee Refuse a Recall?

Arbitration Update: Employee with an Addiction Who Stole Narcotics is Reinstated

ESA Termination Clauses: Another One Bites the Dust

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