Tag: contract of employment

Quebec employers can’t waive notice period provided by resigning employee without providing notice

by Mohamed Badreddine Most employers in Quebec know that under Quebec’s Act Respecting Labour Standards (ALS) and the Civil Code of Québec (CCQ), an employer who wishes to terminate an indefinite contract of employment without serious reason must provide notice or pay in lieu of notice. Employees who wish to resign must also give their […]

A not-so-constructive constructive dismissal decision

By Fréderic Parisien A Canadian employee may claim that his or her employment is constructively dismissed when his or her employer makes a unilateral change to a fundamental term or condition of employment without appropriate notice. What about a change in the employer with no other change? Surely that can’t be a constructive dismissal. Apparently […]

New Limits Placed on ‘Bad Faith’ Damages in Terminations

by Helen Gray McCarthy Tetrault A recent decision of the Ontario Court of Appeal places new limits on a trial judge’s ability to award damages for conduct on the part of an employer during the termination process that is said to amount to “bad faith.” While it’s an Ontario decision, it can be expected to […]