reasonable notice

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Determining appropriate common law notice periods for short-service employees remains one of the most debated topics in Ontario employment law. This is especially so when those employees are senior-ranking employees or executives. While long-service employees often expect generous notice periods, recent case law continues a long-evolving trend of courts willing to award significant notice to short-service employees. Continue Reading Common Law Notice Periods for Short-Service “Executives”: Trends from 2023-2025

As the holiday season approaches, it is a good time to revisit lessons from highly pertinent employment law cases. One case that stands out is Matthews v. Ocean Nutrition Canada Ltd. (“Matthews”), which serves as a key reminder for employers regarding bonuses, commissions, and shares potentially owed to employees after termination.

Although this case was decided a few years ago, the principles remain highly relevant, particularly during the end of the year when many employers are planning reviews of compensation plans for the following year and paying out holiday bonuses. Continue Reading All I Want for Christmas Is… My Bonus (Even After Termination!)

26-Month Notice Period Upheld by Ontario Court of Appeal
Photo by Eric Rothermel on Unsplash

In the world of workplace law we often say that, absent exceptional circumstances, the greatest notice period that any wrongfully dismissed employee could be awarded by an adjudicator is 24 months. But what are those exceptional circumstances? Years ago, we blogged about Dawe v. The Equitable Life Insurance Company of Canada, a case in which the Ontario Court of Appeal overturned the trial judge’s award of 30 months of reasonable notice for a terminated employee, reducing the final notice period to 24 months. Recently, the Ontario Court of Appeal released a decision, Currie v. Nylene Canada Inc. (“Currie”), affirming the trial judge’s assessment of damages in the amount of 26 months of reasonable notice for the wrongfully dismissed employee, Ms. Currie (“Ms. Currie”). Below we will look at the factors the Court considered in rendering this judgment.
Continue Reading Ontario Court of Appeal Upholds 26-Month Notice Period

impact of covid-19 on terminations
Photo by kate.sade on Unsplash

The Covid-19 pandemic has changed our economy. In many industries, it has made it more difficult to find work and also more difficult for businesses to afford termination packages when letting employees go. The relevance of these facts to how courts will determine what terminated employees are entitled to has, so far, been unclear. 

Reasonable Notice

When an employment relationship is not governed by a written contract – with valid termination provisions – a terminated employee’s entitlements on termination without cause will be determined by the common law and what is called reasonable notice. 
Continue Reading The Impact of the Pandemic on Termination Packages