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...
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...
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...
How much Notice of Termination is a Probationary Employee Entitled to Receive? I draft employment contracts for most of my employer clients. When doing so I always ask whether the employer wants to include a probationary period clause in the contract. A recent...
Legal Shades of Grey: Are offensive statements made on personal time just cause for termination? Hydro One Employee Terminated for Making Sexist Statement to a TV Reporter Shawn Simoes who worked as an engineer for Hydro One was recently terminated when his employer...
Yet Another Reason Not to Use Fixed-Term Contracts I do not like fixed-term contracts. In my experience, a contract of indefinite employment with a termination clause is a better option for an employer in almost every situation. This blog summarizes a recent...
Constructive Dismissal Update: 2014 Decisions I am often asked whether a change in employment (or more than one change) is a constructive dismissal. If so, the employee can quit and claim damages for pay in lieu of notice of termination. If not, the person receives no...
Jian Ghomeshi: Legal Shades of Grey The Jian Ghomeshi story: The Basics According to the Toronto Star “CBC star Jian Ghomeshi has been fired over “information” the public broadcaster recently received that it says “precludes” it from continuing to employ the...