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21st Sep 2018

When an employer wishes to terminate employment, the employee is entitled to a notice or pay in lieu, and a severance pay in certain instances. Depending upon various scenarios, the total severance package may vary … Read More

21st Aug 2018

Employment law entitlements are bare minimum guarantees. If not subject to a termination clause which limits termination pay to statutory entitlements, then employees are owed common law notice. Common law notice uses the Bardal factors … Read More

5th Jul 2018

The main effect of termination clauses is to limit a possible much greater notice payment at common law, which is why rigorous standards have been enforced by the courts as of late. Over the past … Read More

27th Jun 2018

If an employee feels that they have been wronged according to the Employment Standards Act (ESA), they may report this to the Ministry of Labour (MOL). Ensuring an investigation, the MOL will appoint an Employment … Read More

26th Apr 2018

Within an employment context, an employer can usually end employment without there being misconduct by the employee by providing notice or payment equal to earnings throughout the notice period. Under the Employment Standards Act, an … Read More

21st Feb 2018

The manner of dismissal may lead to significantly more costs in damages in any event, and, in particular as will be discussed here, when intersected with human rights issues. In the event that a human … Read More

31st Jan 2018

Just cause means that an employee has engaged in misconduct so severe that the employer can choose to immediately terminate the employee. When an employer dismisses an employee for ‘just cause’, the employee is not … Read More

18th Dec 2017

The doctrine of ‘near cause’ has been settled for some time now. The near cause doctrine, in principle, allows an employer to reduce the amount of severance or ‘notice pay’ owed to an employee when … 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

7th Nov 2017

Employers may have their recruiters aggressively pursue highly skilled employees, as this can greatly aid in the success of an organization. This includes making promises in order to entice allure the candidate to accept the … Read More