Is an Employer Required to Offer Alternative Employment Before Terminating an Employee?

Blog Post
September 21, 2018
Read Time: 4 minutes

Sometimes an employee may find they are not able to perform their job adequately, or cannot keep up with the demands of the role. In these cases, what are the options for an employer? Can they be dismissed, or do they have to find an alternative role for the employee? Our latest Employment Law blog post looks at a recent Quebec case that tackled this question.

Termination Clauses: Reading the Fine Print

Blog Post
November 29, 2017
Read Time: 3 minutes

In the event you are terminated, does your contract act in your best interest? Is the termination clause clear and unambiguous, and therefore enforceable? A recent case, Amberber v. IBM Canada Limited, illustrates the importance of thoroughly reviewing your employment contract, or having someone with expertise review it for you.

Just Cause: When Is It Justified?

Blog Post
October 6, 2017
Read Time: 4 minutes

Much of the work of employment lawyers involves dealing with people who have been terminated. One type of termination is for cause. In general terms, this is when the employer dismisses an employee for having done something wrong. What does this mean for the employee? And what are the obligations of the employer?

Promotion But No New Contract? That Old Contract May Not Apply!

Blog Post
August 17, 2017
Read Time: 3 minutes

What happens if your responsibilities and remuneration change so dramatically over the years that the fundamental nature of your employment is no longer the same? Are you still tied to your initial employment contract, including whatever notice and severance is found within, or do your entitlements change? A legal concept that helps answer these questions is known as the “changed substratum doctrine”.

Determining Severance Pay Obligations

Blog Post
June 1, 2017
Read Time: 3 minutes

Severance pay is an important lifeline for an employee who has lost their job. It aims to compensate them for the loss of employment by recognising their length of service. Ontario’s Employment Standards Act, 2000 states that an employer must provide severance to a terminated employee if their payroll is $2.5 million or more. However, some employers may dispute the size of their payroll in order to get out of this obligation.

Working Notice and Limitation Periods: When Can I Sue?

Blog Post
May 11, 2017
Read Time: 3 minutes

If I am terminated with working notice and decide to work through that notice period, when can I file a claim for wrongful dismissal? A recent Ontario court case wrestled with this question, deciding that the deadline for employees to commence an action begins to run when their employer gives them “working notice.”

Busted for pornography at work… what are the consequences for employees?

Article
March 3, 2017
Read Time: 4 minutes

Access to the Internet is now a fixture in Canadian workplaces and pornography can be accessed in seconds by a few keystrokes and the click of a mouse. This has created unique problems for employers, who are faced with making decisions about employees caught electronically accessing, storing or distributing pornography at work or on employer-owned devices.

Is the Unofficial Reasonable Notice Cap Officially Gone?

Blog Post
February 22, 2017
Read Time: 3 minutes

If I am terminated without cause, what reasonable notice am I entitled to? Is there a maximum amount? Employees who have been terminated without cause often file a claim against their former employer. If the employee is successful in proving their claim, the court will then determine the length of notice that the employer should have provided to the employee.

Terminating Probationary Employees – What Standard Applies?

Blog Post
January 5, 2017
Read Time: 2 minutes

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 »