The Cost of Terminating Older Employees Is Increasing Since the elimination of mandatory retirement in Ontario, employers have been required to manage the costs associated with terminating older employees. The costs can be significant because many of these employees...
Can I layoff an employee? Ontario’s Employment Standards Act has a definition of a ‘temporary lay-off’ and provides when a “temporary lay-off” becomes a termination. Some of you may be surprised to learn that just because a layoff is defined as temporary by the...
The Perils of Dismissing a Disabled Employee On June 30, 2016 the Ontario Court of Appeal (the “OCA”) released its decision in a case involving the dismissal of a disabled employee who earned about $ 22 000 per year. I wrote about the trial decision in April (see here...
Ontario Court of Appeal Upholds Decision to Reinstate Disabled Employee with 10 Years Back Pay: Will Human Rights Litigation Ever Be the Same Again? I predict a recent Ontario Court of Appeal (the “OCA”) decision will have a significant impact on human rights...
Termination Clause Enforceability: When a Hypothetical Situation Can Result in Real Damages In recent years, Ontario courts have been confronted with the question of whether termination clauses that may violate statutory minimum entitlements under the Employment...
Do You Have An Obligation To Look For A New Job After Being Fired? The Basics A wrongful dismissal occurs when an employer does not provide you with enough notice of termination. Most employers do not provide any notice of termination. In a wrongful dismissal action,...
Is Severance Pay Required by Law? Often when employees talk about severance they mean a severance package. However, severance is a specific legal term only applicable in certain situations. Employee Rights at Termination Almost every employee who is terminated...
Is Being Drunk at a Work Conference Serious Misconduct? A recent court of appeal case in Australia found that an insurance company did not have cause when it terminated a broker for his drunken antics. The broker had attended drunk to a professional conference. He was...