Terminating Probationary Employees – What Standard Applies?

January 5, 2017
Blog Post
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In my previous blog post, I explained how 2016 was a great year for employees. There was a notable case, however, that was decided in favour of employers. Below is a cautionary tale for probationary employees.  The case of Nagribianko v Select Wine Merchants Ltd was heard by the Ontario Divisional Court, and dealt with… Read more »

2016 Employment Law Year In Review

December 19, 2016
Blog Post
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The law is forever changing. With every passing day and year, all levels of court throughout this country render decisions that have an immediate and pronounced impact on all of us. This has been an especially good year for employees. Without cause termination of federal employees not permitted The most significant employment law case to… Read more »

Potential Damage Claims Beyond the Employment Contract

December 9, 2016
Video Post

Chris Rootham, a lawyer in the Labour and Employment Law Groups, outlines different types of employee rights including the right to good faith, the right to privacy, and the right to be free from lies or mistaken information. Contact Employment Law lawyer Chris Rootham, by calling 613-231-8311, or email christopher.rootham@nelliganlaw.ca.

Do An Employer’s Financial Circumstances Affect Reasonable Notice Periods?

November 30, 2016
Blog Post

When an employer wants to terminate an employee without cause, it is required to do one of two things: give reasonable notice in advance of termination, or provide pay in lieu thereof [assuming the employee has no valid and enforceable employment contract]. But what happens if you are terminated because your employer is in dire financial straits? Are you entitled to less, simply because you were terminated as a cost-saving measure?

The Enforceability of Releases: Top 10 Need-to-know Facts

November 17, 2016
Blog Post

Attached to most termination packages is a document that, while important, is often filled with legalese and run-on sentences. This document is generally referred to as a Release. We recommend not signing such a document until you have spoken to an Employment Lawyer. Below are our top 10 need-to-know facts about employment-related releases and how they can affect your rights.

Do Disabilities Disable Progressive Discipline?

November 9, 2016
Blog Post

How should progressive discipline be doled out when dealing with a disabled employee? At the heart of this issue is the pull between documenting problems with an employee’s performance, meting out consequences for those performance failures or difficulties, and the duty to accommodate employees with disabilities whose disabilities may be causing the performance difficulties.

Navigating the Litigation Process

October 27, 2016
Blog Post

While a lawyer can provide guidance through the steps of the negotiation and litigation process, knowing how the process works prior to initiating it should help alleviate some of the stress. Here is a brief outline of steps in the litigation process in the order in which they [generally!] occur.

Duty to Provide an Employer with Reasonable Notice of Termination

October 21, 2016
Blog Post

Just as an employer has a duty to provide proper notice of termination to an employee they terminate without cause, an employee also owes a reciprocal duty to provide notice of their resignation. Damages for not providing such notice are not often sought because, practically speaking, what the employer can hope to recover is often outweighed by the legal costs necessary to obtain it. However, when such damages are sought, this often comes as quite a shock to the employee who believed there would be no repercussions for quitting without notice.