Important update for all federal employers! Amendments to the Canada Labour Code are now in force as of February 1, 2024. Do you fall into this category? And if so, what does this mean for you? 

Federal Employers

As we’ve discussed in a previous blog, the Canada Labour Code is a federal law which sets out minimum employment standards for sectors that fall under federal power. Continue Reading Update for Federal Employers: Canada Labour Code Amendments – Now in Force, as of February 1, 2024

No At-Will Employment in Canada

Are you an employer with operations in both Canada & the US? This post is for you.

Contracts vs At-Will Employment

For our US readers, Canada does not have at-will employment. In Canada, employment relationships are governed by employment contracts, either written or implied, and various employment laws and regulations. Employers are generally required to provide reasonable notice or pay in lieu of notice when terminating an employee without cause.

For our Canadian readers, at-will employment is a term used in the United States to describe the employment relationship between an employer and an employee, where either party can terminate the employment at any time, with or without cause, and with or without notice. This means that an employer can fire an employee for any reason or no reason at all, as long as it is not for an illegal reason (such as discrimination). Similarly, an employee can quit their job at any time without providing a reason or notice.Continue Reading No At-Will Employment in Canada

reasonable termination notice
Photo by Eric Rothermel on Unsplash

How much notice should you give your employee on termination? A recent decision of the Ontario Superior Court in Herreros v Glencore Canada reiterates that when calculating the period of reasonable notice owed to a wrongfully dismissed employee, it is the circumstances at the time of termination that matter. 

The rule comes from a decision of the Ontario Court of Appeal in Holland v Hostopia.com. It states: “Notice is to be determined by the circumstances existing at the time of termination and not by the amount of time that it takes the employee to find employment”. We blogged about the rule here and here in our updates about employment litigation during the pandemic. 
Continue Reading Reasonable Notice: An Opportunity Not A Guarantee