Tag: employee terminations

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...

Wrongful Dismissal Update: Recent Case Law Increases Legal Uncertainty

by Doug MacLeod | Jan 8, 2019 | For Employers

Recently, it has become increasingly difficult for employment lawyers to assess an employer’s potential legal liability in connection with an employee termination. The law is pretty straightforward but predicting how a judge will apply the law to a specific...

How Important Are The Deadlines In Your Severance Package?

by Doug MacLeod | Dec 6, 2018 | For Employees

You are terminated from your job and your employer offers you a severance package. They give you one week to sign the offer and ask that you sign a full and final release confirming that there will be no further payments. Are you obligated to sign and return the offer...

Disputes Over Bonus Entitlements: Two Decisions on the “Active Employment” Requirement for Bonus Payouts

by Hina Ghaus | Nov 27, 2018 | For Employers

Where an employee is terminated or resigns, what is the effect of a bonus plan that requires the employee to be “actively employed” at the time the bonus is paid out in order to receive it? The Ontario Court of Appeal released two decisions, only one year apart, that...

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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

Wrongful Dismissal Update: Recent Case Law Increases Legal Uncertainty

How Important Are The Deadlines In Your Severance Package?

Disputes Over Bonus Entitlements: Two Decisions on the “Active Employment” Requirement for Bonus Payouts

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