Termination

Termination

Termination Without Cause: Determining Reasonable Notice

An employee is entitled to a certain amount of notice (or pay in lieu of notice) when their employment is terminated without cause. Terminating an employee without just cause can be complex. Employers should be careful in making determinations about the amount of notice provided to a terminated employee in order to avoid claims for wrongful dismissal.

Termination

Prohibition of Mandatory Retirement

Effective January 1, 2008, the definition of age in the Human Rights Code changed from “an age of 19 years or more and less than 65 years”, to “an age of 19 years or more”. The effect is to provide employees with the choice of whether to continue working past age 65 and to allow claims of discrimination in employment if employees are required to retire at age 65.

Termination

Just Cause and Performance Management: A Legal Perspective on Employee Dismissal

The message from the courtrooms is crystal clear: when it comes to establishing just cause for performance-based concerns, effective performance management programs are critical. Employees must be given clear direction, clear warnings and opportunities to improve.

Termination

Firing Pasta Maker a Recipe for Disaster

When Richard Flores began a two week medical leave from his job as a pasta maker, he had no reason to think his employment would be in jeopardy. Soon after his return to work from a bout of acute gout arthritis in his foot, however, Flores found himself out of a job.

Termination

Bad Faith Discharges Revisited

The following decisions can be considered positive developments for employers in the area of wrongful dismissal.

Termination

Mandatory Provisions

Every collective agreement must contain provisions governing the dismissal or discipline of employees and the final settlement of all disputes by arbitration. Every agreement must also have a provision prohibiting strikes and lockouts during the life of the collective agreement. All collective agreements must also provide for a joint consultation process for the parties to deal with workplace issues that arise during the life of the collective agreement.

Termination

Pay-in-Lieu of Notice: Understand the Restaurant Environment When Estimating Possible Damages

Here’s a TIP for employers: Look before you leap!