Appropriate notice and the employment contract
APPROPRIATE NOTICE AND THE EMPLOYMENT CONTRACT Except where there is a contract with a specific term to the contrary, an employee is entitled to reasonable notice of his or her termination of employment, subject to an employer being able to prove cause for termination. The main factors a Court uses in determining appropriate notice are […]
Termination – With Cause, Without Cause or Just Cause
It is difficult enough for an individual to be suddenly told that his or her employment has come to an end. It is doubly so when the employer informs the employee that he/she has been terminated for “cause” or that there is “just cause” for termination and they will not be receiving a severance package […]
Termination issue cause of intoxication – Wrongful Dismissal.
Can an employee who comes to work intoxicated, be terminated for cause and be denied damages for wrongful dismissal? Except where the employee is suffering from alcoholism, the answer may be “yes”.
A Case of Employee Dishonesty Resulting in Termination
Article No. 15 JUST CAUSE – “DISHONESTY” “Dishonesty” encompasses not only theft or fraud but any form of untrustworthy conduct. Just cause based on dishonesty may arise whether the conduct in question occurs prior to the commencement of employment, during the course of employment or in relation to matters unconnected with the employment relationship. In […]
Employment Standards Act Payments And Common Law Damages — What Is The Difference?
Article No. 14 EMPLOYMENT STANDARDS ACT PAYMENTS AND COMMON LAW DAMAGES — WHAT IS THE DIFFERENCE? Termination can be one of the most traumatic experiences in one’s life. An added stressor in a termination meeting may be a demand by the former employer that the employee agree to the terms of a severance package. The […]
Terminated for cause – Where do I go?
Being terminated can be one of the most traumatic experiences in one’s life. In the normal course, and when cause is not alleged, the legal issue to be resolved is whether the payment offered by the employer is appropriate. This is routinely resolved through negotiation with or without the assistance of a lawyer. But what […]
A poor performance cannot be the cause of termination – Toronto Employment Lawyer
JUST CAUSE – POOR PERFORMANCE There are various types of conduct or misconduct which may give rise to cause for termination. In the event that cause is proven, an employee is not entitled to wrongful dismissal damages. For the purposes of this writing we will focus on termination based upon incompetence or poor performance, and […]
What is Overtime & How Is It Calculated?
Article No. 18 OVERTIME Part VIII of the Employment Standards Act of Ontario (the “Act”) requires that an employer provide overtime pay of at least one and one-half times the regular hourly rate for work performed in excess of 44 hours per week. Where the parties have agreed to a regular workweek of less than […]
Termination of Employment, Notice and Pay in Lieu of Notice
Article No. 10 CAUSE If an employer terminates an employee its obligation is to provide “notice” or “pay in lieu of notice” except where it can prove cause. Proving “cause” for termination is very difficult and usually reserved for the most egregious situations. Two recent Court decisions show that although cause is difficult to prove, […]
Wrongful dismissal and the employment contract
Article No. 9 WRONGFUL DISMISSAL AND THE EMPLOYMENT CONTRACT An employer’s obligation to provide reasonable notice upon termination or wrongful dismissal damages is by no means absolute. There will certainly be no such obligation where the employee is terminated for cause. The concept of “just cause” and employee’s conduct which can give rise to just […]