ONCA: Summary Judgment Not So Simplified Since the Supreme Court decision in Hryniak v Mauldin, terminated employees are increasingly seeking summary judgment. This method of resolution offers wrongfully dismissed employees a fast and cost-effective method of...
Court Says No Just Cause for Humane Society The courts have described just cause terminations as the “capital punishment” of employment law. If an employee is terminated for “just cause,” the employer is not obligated to pay the employee any termination or severance...
Litigation Risk Associated with Employee Terminations Employment Contracts Eliminate Litigation Risk An employee and employer can agree on how much notice of termination the employer must provide the employee before the employment relationship commences. This...
Can My Employer Terminate My Employment When I am on LTD? We often get calls from disabled employees, typically on LTD, who have been terminated about two years after starting a medical leave. It often means their health benefits, including prescription drugs, have...
Employer Alert: Ontario Judges Are Refusing to Enforce Employer Friendly Termination Clauses On October 18, 2016, I spoke to a room full of lawyers about the state of the law concerning the enforceability of termination clauses in employment contracts. In particular,...
What kind of damages are you entitled to if an employer is wrong about your “just cause” termination? Generally speaking, an employer may terminate an employee as long as it provides the employee notice of termination. However, if an employer has ‘just cause’ for the...
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...
New court case necessitates review of termination clauses in employment contracts Some employment contracts have termination clauses which state that an employee will receive notice of termination “in accordance with the Employment Standards Act” or words to that...