Termination Pay | MacLeod Law Firm

Doug’s Top 5 Employment Law Stories of 2022

Doug MacLeod — Tue, 13 Dec 2022 15:00:08 +0000

Here are my top 5 employment law stories for 2022: 1. COVID 19 – Temporary Layoffs This issue remains my number one story because this issue impacts so many court cases. Some judges have concluded that a temporary layoff set out in the Infectious Disease Emergency Leave (“IDEL”) regulation under the Employment Standards Act, did not change the common law. So, this kind of temporary layoff is…

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Employee Entitlements Upon Termination

MacLeod Law Firm — Fri, 11 Nov 2022 13:59:03 +0000

Termination is a stressful experience for any employee. An employee who has been fired needs to understand what their employer owes them, and what their employer is offering them. When employers do not make this clear, additional damages could be due to the employee. When an employee is terminated, they are entitled to receive certain minimum payments under the Employment Standards Act (ESA).

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Notice of Termination: Appeal Court Weighs in

MacLeod Law Firm — Wed, 09 Nov 2022 17:05:02 +0000

When terminated, an employee should generally receive reasonable notice of termination or pay instead of notice. This is unless the employee has signed a contract that contains an enforceable termination clause (which we’ve written about here). The calculation of the employee’s notice period is based on the specific facts of each employee, such as their position, length of service, age…

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Reducing Litigation Risk

Doug MacLeod — Wed, 02 Nov 2022 14:00:26 +0000

In a recent case, Pohl v. Hudson’s Bay Company, 2022 ONSC 5230 (CanLII),an employer was ordered to pay a long service employee the equivalent of about 3 years pay and contribute about $ 35 000 to his legal fees. Although this was a without cause termination case, it was anything but a simple case. It addressed some of the litigation risk inherent in wrongful dismissal litigation.

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Does Unpaid IDEL Trigger a Constructive Dismissal? Court Declines to Answer

Doug MacLeod — Tue, 24 May 2022 14:00:29 +0000

In a recent case, Taylor v. Hanley Hospitality Inc., 2022 ONCA 376, both lawyers asked a three judge panel of the Ontario Court of Appeal (OCA) to decide whether a law which allows an employer to force an employee to take an unpaid leave under the ESA’s IDEL regulation, which is in effect during the COVID pandemic, is NOT a constructive dismissal under the ESA, nevertheless is still a constructive…

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Wrongful Dismissal: How To Reduce Litigation Risk

Doug MacLeod — Wed, 01 Sep 2021 13:55:40 +0000

The best way to reduce litigation risk in relation to an employee termination is to agree in advance how much notice of termination (or pay in lieu of notice) an employee is entitled to receive. Employers rarely provide ANY notice of termination so the employee’s employment contract should have a termination clause setting out how termination pay is calculated. Kraft v.

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Fired? You May be Owed More Thanks to The Supreme Court

MacLeod Law Firm — Thu, 21 Jan 2021 07:30:18 +0000

Fired? You May be Owed More Thanks to The Supreme Court With these uncertain economic times, many employees are being fired from their employment. If you have been fired, your employer may be trying to limit what they pay you after termination based on an employment contract that you previously signed. However, the Ontario Court of Appeal and now the Supreme Court of Canada have made it much…

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Court Refuses to Enforce Contractual Language Limiting Termination Pay

Doug MacLeod — Tue, 27 Oct 2020 13:39:59 +0000

I have written several blogs on whether wrongful dismissal damages include compensation for the variable compensation the employee would have earned during the applicable notice period. Most cases consider whether the language in a variable compensation plan which purports to limit or eliminate the employee’s entitlement to variable compensation during the notice period is enforceable.

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Judge Refuses to Enforce an Amended Employment Contract

Doug MacLeod — Tue, 20 Oct 2020 12:39:31 +0000

I have written many blogs on the legal enforceability of employment contracts because judges are increasingly refusing to enforce them and I want employers to be live to this issue. Employers should assume that changes to employment contracts that benefit the employer will be challenged. This blog summarizes a recent case which sets out three reasons why an Ontario judge recently refused to…

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COVID-19 Update: How to Apply for the 75% Canada Emergency Wage Subsidy

Doug MacLeod — Fri, 24 Apr 2020 13:37:37 +0000

I recently wrote a detailed blog on the Canada Emergency Wage Subsidy (“CEWS”). You can read this blog here. The Canada Revenue Agency (“CRA”) has since launched an online calculator which allows you to determine the amount of wage subsidy you can claim through the CEWS. This calculator also provides information on how the subsidy will be calculated. You can use the information generated by the…

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