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REPRESENTING EMPLOYERS AND EMPLOYEES IN OTTAWA, CANADA
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Ottawa,ON K2E 6Z9
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Tag : Notice

Exceptional Circumstances and Entitlement to Notice

Mar 22, 2022

Where there is no error in law or improper consideration notice periods are not limited to 24 months.  On the contrary, a consideration of the unique circumstances of the wrongfully dismissed worker may justify additional damages.

Direction from the Ontario Court of Appeal

Mar 21, 2022
Posted by: Melynda Layton

The Ontario Court of Appeal was busy the last two months providing important direction to the employment bar about the enforceability of non-competition agreements in the staffing environment (see  S. I. Systems Partnership v. Geng https://www.canlii.org/en/on/onsc/doc/2020/2020onsc8086/2020onsc8086.html) and insight on notice and break of service (see Currie v. Nylene Canada Inc., 2021 ONSC 1922 (CanLII), <https://canlii.ca/t/jdqzq ).  Both Trial Decisions were upheld..  

Contracts Uncovered

Jan 8, 2015
Limiting an employees’ entitlement to notice on termination of employment requires a carefully worded contract. Some general rules exist. If an employer wants to limit an employees’ entitlement to reasonable notice under the common law – the contract must clearly specify what the notice period is. The contract must comply with the Employment Standards Act. If the termination clause does not meet or exceed the minimum requirements of the employment standards legislation it is unenforceable.

No Benefit Continuation? No Contract!

Jan 6, 2014
The Employment Standards Act, 2000 of Ontario details entitlements to notice pay, severance pay, and benefits on termination of employment. While employers can minimize their financial responsibility to a dismissed employee through a well-drafted employment contract it is important that the agreement comply with the minimum requirements.
MELYNDA LAYTON ©