Termination
Termination of Employment, Notice and Pay in Lieu of Notice
Upon the termination of employment, an employee is entitled to notice or payment in lieu of notice. Employers must be aware of their obligations. A failure to comply with the minimum notice standards under the Employment Standards Act can lead to further, increased damages against you.
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.
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.
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.
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.
Bad Faith Discharges Revisited
The following decisions can be considered positive developments for employers in the area of wrongful dismissal.
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.
Pay-in-Lieu of Notice: Understand the Restaurant Environment When Estimating Possible Damages
Here’s a TIP for employers: Look before you leap!