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Cause for Dismissal

12th Dec 2017

When an employee is terminated, they are often owed a severance package unless the termination was a result of misconduct that justified a dismissal. Where the severance package contravenes minimal entitlements under the law, an … Read More

20th Nov 2017

There is a major financial difference between getting fired by your employer and choosing to resign.  Simply put, most employees who are fired are entitled to severance packages, while employees who resign are not entitled … Read More

2nd Nov 2017

Employers should be familiar with the concept of frustrated contracts in employment law. Frustration considers what the parties (employer and employee) could reasonably contemplate at the time the employment agreement was made. Put simply, when … Read More

11th Sep 2017

After several attendees of last month’s white nationalist rally in Charlottesville, Va., were outed on social media and then quickly fired, Canadian employers are asking, “Can attending a white supremacist rally be grounds for dismissal?” … Read More

10th Aug 2017

Being rude, disrespectful, or insubordinate towards a superior within the workplace is subject to disciplinary measures. Under common law, discipline must be proportionate to the misconduct and also be intended to correct a behaviour rather … Read More

17th Jul 2017

Independent contractors are not bound to their clients by an employment relation. Independent contractors are, in essence, their own employers. The courts will apply a number of tests which look at certain factors such as … Read More

7th Jun 2017

Eligibility Requirements for Employment Insurance Paying into the Employment Insurance program is usually automatic, with regular deductions taken from you paycheque – individuals that are self-employed may choose to pay into EI. Further, you must … Read More

3rd May 2017

Under human rights law, an employer must accommodate an employee if a workplace policy or job requirement effectively discriminates against an employee on a prohibited ground.  The most common grounds of discrimination within the workplace … Read More

22nd Mar 2017

When is a resignation a termination in disguise? Sometimes employers too easily confuse when an employee has voluntarily decided to leave. Whether through insincerity or neglect, this is one situation where employers may try to … Read More

8th Mar 2017

Employers often require their employees to sign employment contracts that limit the amount of notice of dismissal they are required to provide.  In most cases, the employer attempts to limit its obligation to the bare … Read More