One of the hot button topics in employment law for the last several years is the enforceability of termination clauses or notice provisions in employment agreements. Such clauses attempt to limit an employee's entitlements upon dismissal, often to the minimum standards set out in the Employment Standards Act, 2000. In recent years, the case law … Continue reading Will Your Termination Clause Hold Up?
Mergers and acquisitions of companies and their assets occur on a regular basis. Sometimes the entire company is acquired by way of a purchase of the shares. At other times, only the assets of the company are purchased, leaving ownership of the company intact. From an employee's point of view, this distinction can be important … Continue reading What will happen to my job now that the business has been sold?
When an employee is dismissed without cause, that individual is entitled to reasonable notice of termination or the equivalent in remuneration for that same timeframe. However, sometimes it is not entirely clear whether an individual is an employee or an independent contractor. An employee can often be identified through the means by which the payment … Continue reading Did You Know Contractors May Be Entitled To Reasonable Notice of Termination?
Compared to the Employment Standards Act, 2000, there is no mathematical formula to determine the reasonable notice period at common law. For the benefit of those readers who are not employment lawyers, there is an important case called Bardal v. The Globe & Mail Ltd. (1960), 24 D.L.R. (2d) 140 (Ont. H.C.) which explains how a reasonable notice … Continue reading Being Dismissed in the Summer Could Mean a Longer Notice Period
Tred Carefully : Terminating Employees on Leave. Here is an insightful article by David M. Brown on the challenges that employers face when contemplating a termination of an employee on a disability leave. It is important to remember that a termination in such circumstances does not automatically constitute grounds for discrimination under the Human Rights … Continue reading Tred Carefully : Terminating Employees on Leave