Cap or no Cap?
A trial judge must weigh and balance a list of relevant factors in determining a reasonable notice period for a terminated employee. Even though this period will be based on the facts of each particular case, the courts have made it clear there is no absolute upper limit or cap on what constitutes reasonable notice. Where exceptional circumstances exist, or where an employee scores high on the Bardal factors, a court will be inclined to support a base notice period in excess of 24 months.
New Lawyer Karine Dion Joins the Labour and Employment Groups
Nelligan O’Brien Payne’s Labour and Employment Groups are pleased to welcome a new associate lawyer, Karine Dion, to our team.
What Not To Expect When You’re Expecting
In most workplaces, the news of a pregnant employee is often greeted with excitement, support and the occasional baby shower. There are instances, however, when the employer responds in an adverse or unlawful manner. In those cases, human rights tribunals have the authority to enforce a pregnant employee’s right to equal treatment, and are often prepared to send a strong message to employers that this type of discrimination is entirely unacceptable.
Frustrated Contract? A Recent Decision by the Ontario Human Rights Tribunal says Yes
In its recent decision, Gahagan v. James Campbell Inc., the Human Rights Tribunal of Ontario (‘HRTO’) seems to have lowered the hurdles faced by employers in Ontario when attempting to establish frustration of contract following an employee’s extended period of absence due to a disability.
Top Ten Reasons to have an Employment Lawyer Help you Set the Terms and Conditions of your Employment Contract
People are usually excited and nervous when they start a new job. Sometimes, amidst all that excitement, people forget to fully and adequately hash out the details of their employment. Or, even worse, a new employee signs something without truly understanding the consequences of what they are signing.
Victory for IBM Employee: Supreme Court Grapples with Complex Damages Issue Related to Pension Benefits and Wrongful Dismissal
In a recent decision, IBM Canada Limited v. Waterman, the Supreme Court of Canada confirmed a longstanding rule that pension benefits are not deducted in calculating damages otherwise payable by an employer for wrongful dismissal.
Good News for Temporary Employees: Significant Changes Proposed to the Ontario Employment Standards Act
On December 4, 2013, the Ontario government introduced Bill 146, the Stronger Workplaces for a Stronger Economy Act. It is omnibus legislation that proposes amendments to several key employment statutes, including the Employment Standards Act, 2000 (the ‘ESA’). Bill 146 must still pass second reading prior to receiving Royal Assent. However, the proposed changes to the ESA are, at least in introductory form, positive for employees. For example, Bill 146 introduces a number of new protections for employees under the ESA, particularly for historically vulnerable temporary employees.
Holiday Parties
The holiday season is a time of parties, including office parties. While you should always try to enjoy yourself at these functions, there are a few things to remember in order to make Monday morning at the office a little easier! If you are an employer, whether or not to serve alcohol is a tough line to walk. You want people to relax and have fun, but offering alcohol can be a risky endeavor for employers. If you are an employee and your employer is offering alcohol at a party, remember to be smart about your consumption.
Balancing Act: When a Union’s Right to Freedom of Expression Conflicts with Individual Privacy
The recent Supreme Court of Canada (SCC) decision, Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401 is an important decision that balances individual privacy rights protected under provincial legislation against a union’s right to freedom of expression during a lawful strike. The decision may have an impact on privacy legislation across Canada.
Human Resource Issues can be Challenging for Volunteer Boards
Human resource (‘HR’) issues can be challenging for volunteer Boards of not-for-profit and condominium corporations. Depending on directors’ knowledge of HR matters, and the extent to which the corporation seeks specialized legal advice, there is a risk that a Board’s HR decision could result in a letter from an employee’s lawyer and potential liability for the corporation.