Practical HR Tips, News & Advice. Updated Daily.
by Theodore Fong The risks to employers in sexual harassment cases can be big. Potential liability can arise from any decision. Employers may then find themselves having to make tough decisions on tight timelines. The key to ensuring an appropriate response is to be prepared. Preparation will permit an employer to take a proactive approach, […]
by Julie Robinson Employees in Canada are usually entitled to receive reasonable notice of termination or pay in lieu of notice unless fired for cause. But if the employees receive pension or sick leave payments during the notice period, are they entitled to both their regular salary in lieu of notice and such pension or […]
by Jacqueline Gant For employers shutting down operations, providing working notice is often the best way to reduce severance amounts owed. Except when it’s not. In McLeod v. 1274458 Ontario Inc., an Ontario court confirmed that working notice is appropriate only for employees capable of working during the notice period. Facts The employer sold furniture […]
by Stefan Kimpton Employers don’t often enough think about the consequences of a heat-of-the-moment resignation. It is generally assumed that when an employee says “I quit” or storms out of the workplace, the employment relationship has come to an end and the employer owes no further obligations to the employee. Think again. As a recent […]
by Hannah Roskey An employee who was repeatedly sexually harassed by her coworker sued her employer after being terminated. In addition to normal damages for wrongful dismissal she was awarded $60,000 for “moral damages” by the trial judge, plus damages for the employer’s violation of human rights laws. In Doyle v. Zochem Inc., 2017 ONCA […]
by Hannah Roskey Off-duty misconduct could lead to an employee’s dismissal. But a recent court decision in Ontario suggests that the circumstances where that will amount to just cause for termination are quite limited. The court found that an employee who had been fired after being criminally charged with sexual assault was wrongfully dismissed. The […]
by Keri Bennett In Canada, courts can award two extraordinary forms of damages in a wrongful dismissal action: aggravated damages or punitive damages. In a wrongful dismissal action, employees who are terminated for cause often claim that they should be awarded aggravated and/or punitive damages in addition to reasonable notice damages. In a recent decision […]
by Shane Todd In an attempt to their limit severance exposure, employers often require that an employee be “actively employed” on the bonus payment date in order to be eligible to earn a bonus. The idea being that the severance payable to a dismissed employee would not have to take into account an employee’s bonus […]
by Keri Bennett As noted in past articles here, Canadian employees can sue for lack of adequate notice of termination. Fired employees seeking damages for inadequate notice have a corresponding duty to mitigate or minimize any resulting losses. If other work is available, their losses may be minimal. Employees frequently claim a lack of available […]
by Shane Todd Disability claims management is never easy. It is particularly difficult when employees refuse to provide enough medical information to substantiate their absence and entitlement to benefits, while also refusing to return to work. The decision in Betts v. IBM Canada Ltd., 2015 ONSC 5298, provides guidance to employers dealing with such cases. […]