Cause for dismissal may be found where an employee’s conduct constitutes a serious breach of the relationship of trust that exists between an employer and employee. In Patanguli v Canada (Minister of Citizenship and Immigration), 2015 FCA 291, the Federal Court of Appeal upheld a decision of the Public Service Labour Relations Board which found that […]
In May of 2016, in Fair v Hamilton-Wentworth District School Board, 2012 HRTO 350, an Ontario Court of Appeal upheld a Human Rights Tribunal with important implications for employers in relation to the duty to accommodate and the jeopardy of reinstatement.
In the context of a unionized work environment, it is generally the case that when an employee is found to be terminated without cause, the employee is ordered to be reinstated.
A new decision from the Ontario Court of Appeal shows the potential downside of fixed term employment contracts for employers and the importance of proper drafting.
There is no shortage of cases which confirm the perils of assuming that an employer’s liability for reasonable notice of termination will be capped at one month per year of employment.
Dealing with employees who take maternity and/or paternity leave and then return to the workplace can be challenging for employers. However, the ability of parents to take maternity and/or paternity leave, and return to their employment, is a legislated right.
There continues to be a seemingly never-ending stream of cases which confirm the perils of assuming that an employer’s liability for reasonable notice of termination will be capped at one month per year of employment.
Employee salaries and benefits can be some of the greatest costs borne by a business. As a result, when a company faces financial hardship, they will often terminate positions to reduce their costs.
In the absence of an employment agreement that expressly sets out a notice period upon termination, employees who are terminated without just cause are entitled to a notice period or pay in lieu of notice from their employers in accordance with the common law.
The world of the contract lawyer should never be immune from the press for efficiency; the reliable, predictable and confidently reproducible contract in standard form is the one-size solution to fit most client needs.