Terminating an employee’s employment without cause in Canada comes at a price. The various employment acts and codes set out the requirements for termination notice or pay in lieu of notice (and in Ontario and federal workplaces, severance pay in addition to termination pay). The required termination period will range from 1 to 8 weeks
Termination of Employment
Constructive Dismissals in a Struggling Economy
Recently, a reader asked me whether cutting back the hours of a department of hourly paid employees by about 5 hours a week for a few months would create any problems. She correctly identified constructive dismissal as the issue to consider.
What is Constructive Dismissal?
“Constructive dismissal” is when an employer unilaterally makes such substantial…
Decline of Damage Awards: Soost v Merrill Lynch
Recent caselaw suggests that huge damage awards for employees claiming wrongful dismissal is on the decline. Upper courts continue to cut down lower court awards and eliminate “bad faith”-types of compensation.
Last month, in Soost v Merill Lynch, the Alberta Court of Appeal reduced the lower court award to dismissed stock broker, Kurt Soost, from $2.2-million to…
Working Notice: Rarely the Perfect Solution
Working notice is like eating at a cheap buffet restaurant – it’s inexpensive, and it seems like a good idea at the time, but the meal doesn’t taste so great within a short period of time. This usually applies to both employers and employees.
I often have employer clients looking for a way to lower the …
Intimate Relationships in the Workplace
Just in time for Valentine’s Day, Toronto city councillor Adam Giambrone made a statement to the media last night that he has had "intimate relations" with women other than his spouse throughout most of 2009.
While at 32 years old, the politician may be excused for the lapse in judgment, given his former bid to run…
Terminations: Large Damage Award if Not Nice About It
One of the more stark contrasts between Canadian and American law is the law around terminations of employment. This may be rooted in the fundamental difference between the American “at will” concept versus the Canadian contract-based employment relationship. In other words, unless a contract says otherwise, in the US, an employee is hired “at will” …
Social Media in the Workplace: Reliable Evidence?
Should an employer friend his or her employees on Facebook? Connect on LinkedIn, follow on Twitter or read an employee’s blog? There is no consensus and employers continue to grapple with the role of social media in the workplace – and the role employers should take within these vehicles of communication.
The more difficult…