Employees Are Entitled To Bonus Payment After Termination
September 7, 2016 By Brad Smith The employment relationship is governed by the law of contract. But the common law also implies certain terms. One implied term is that if an employee is terminated without cause, the employee shall receive reasonable notice of termination. If the employer does not provide the notice, the termination is a […]
Federally Regulated Employers Now Require Just Cause For Dismissal: Wilson V. Atomic Energy Of Canada Ltd.
July 27, 2016 On July 14, 2016 the Supreme Court of Canada released its much-anticipated decision in Wilson v. Atomic Energy of Canada Ltd, providing a determination on the meaning of the Unjust Dismissal provisions of the Canada Labour Code (the “Code”). In short, unlike their provincial counterparts, federally regulated employers may not dismiss (or “fire”) a non-unionized employee without […]
The Employer’s Poor Financial Circumstances Are Not Important In Wrongful Dismissal
June 8, 2016 By Brad Smith “…an employer’s poor economic circumstances do not justify a reduction of the notice period to which an employee is otherwise entitled …” The Ontario Court of Appeal stated this on November 23, 2015 in Michela v. St. Thomas of Villanova Catholic School. Three employees were employed on successive year to year […]
Serving Up Equality In The Workplace: The Ontario Human Rights Commission Releases Policy Position On Gender-specific Dress Codes
June 8, 2016 On March 8, 2016, International Women’s Day, The Ontario Human Rights Commission (OHRC) released a policy position calling for an end to discriminatory, sexualized dress codes that discriminate on the basis of sex and gender identity. Many Ontario employers, particularly in the food and beverage service industry, require female service staff and bartenders to […]
No Duty To Mitigate When Fixed Term Contract Of Employment
April 29, 2016 By Brad Smith In Bowes v. Goss Power Products Ltd. the Ontario Court of Appeal held that when an employee and employer agree to a specific period of notice and do not state the employee has a duty to mitigate, the employee does not have a duty to mitigate. On April 8, 2016 the Ontario Court […]
Jail For Health And Safety Breach: R. V. Kazenelson
January 20, 2016 By Brad Smith “… a significant term of imprisonment is necessary to reflect the terrible consequences of the offences and to make it unequivocally clear that persons in positions of authority in potentially dangerous workplaces have a serious obligation to take all reasonable steps to ensure that those who arrive for work in the […]
Dependent Contractors And Reasonable Notice Of Termination
[vc_row][vc_column][vc_column_text]May 12, 2015 By Brian Babcock Substance usually defeats form in law, and wrongful dismissal law is no exception. Calling someone a contractor, but treating them similar to an employee, may trigger obligations of reasonable notice of termination. Thus, it comes as no surprise that in a recent trial decision, an Ontario Superior Court judge decided that […]
Western Grain By-products Storage Ltd. V. Donaldson, 2015 Fca 62 – The End Of A Saga
[vc_row][vc_column][vc_column_text]April 27, 2015 On March 4, 2015, the Federal Court of Appeal released its decision, bringing this long-standing dispute to an end. Mr. Donaldson claimed constructive dismissal under the Canada Labour Code in November 2007. He asserted the employer’s request for a “better doctor’s note”, before allowing him to return to work after a five and a […]
When A Suspension Is Termination Of An Employee
[vc_row][vc_column][vc_column_text]April 22, 2015 By Brad Smith In Potter v. New Brunswick Legal Aid Services the Supreme Court of Canada identifies when an administrative suspension is a constructive dismissal. The court concluded the employee was dismissed because the suspension was indefinite, the employer’s bad faith and its intention terminate him. The employer was required to pay out the remainder […]
Is A Termination Without Cause Always Unjust? No, Says The Federal Court Of Appeal
[vc_row][vc_column][vc_column_text]March 16, 2015 By Brad Smith In Wilson v. AECL an employee was terminated without cause and provided with 6 months severance pay. The employee complained under the Canada Labour Code alleging his termination was unjust. He argued a termination without cause is always unjust under the Canada Labour Code. Prior to Wilson v. AECL there was debate whether a […]