When an employee is terminated from their employment, they have a duty to mitigate their damages – meaning that the individual needs to take active and demonstrable steps to apply for and attempt to secure alternative employment. If the employee finds alternative employment in the reasonable notice period, then the amounts earned are generally discounted…
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Employment Law
Can an Employer Terminate an Employee Who Refuses to Wear a Mask?
TagsEmployment and HR Law for the COVID-19 Pandemic, Employment LawAs the norms of society have shifted as a result of COVID-19, the issue of wearing a mask or not has become a contentious issue in and outside of the workplace. While preventative masking is not mandatory pursuant to government legislation, many businesses are requiring customers and employees to mask. A private business is well…
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Doak Shirreff: COVID-19 and Employment Law
TagsArticles, Business Law, Employment LawThe recent worldwide COVID-19 pandemic is affecting businesses everywhere. Whether it is mandatory or recommended closures, limited hours, skeleton staffing or temporary or indefinite layoffs - everyone is, or will be, impacted by the COVID-19 outbreak. The various rights and obligations of employers and employees alike remain in full force and are not deferred from…
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Terminating an Employee Approaching Retirement Age
TagsArticles, Employment LawIt often comes as a bit of a surprise to employees that their employment can be terminated at any time, without cause, regardless of their length of service, age or position, provided that the employer provides reasonable notice of the termination with either working notice or pay in lieu of notice. What is reasonable notice…
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Understanding Constructive Dismissal
TagsArticles, Employment LawConstructive dismissal is one of the most confusing areas of employment law. Not all employer conduct is sufficient to trigger a legitimate claim for constructive dismissal and conduct that would otherwise seem innocuous may trigger a legitimate claim. What is Constructive Dismissal? Constructive dismissal happens when an employee resigns from their position because the employer…
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Should Employee Benefits Continue During the Notice Period?
TagsArticles, Employment LawIn Ontario, the Employment Standards Act, 2000, requires an employer to continue all benefits during the notice period on termination of employment without cause. Meaning that on termination, an employee is entitled to all extended health and dental benefits that they had during their employment during the ESA notice period. This is not the case…
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Pushing the Limits on Reasonable Notice, an Ontario Court awards 30 Months’ Notice
TagsArticles, Employment LawWhile the general rule of thumb for the maximum reasonable notice that a court will award to a terminated employee hovered around 24 months. Regardless of the length of service or other factors, the line in the sand for maximum reasonable notice has slowly eroded over the past few years, particularly in Ontario Courts. This…
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The Cannabis Act
TagsArticles, Employment LawAs of October 17, 2018, cannabis is legal in Canada. The Cannabis Act ensures a strict legal framework for controlling the production, distribution, sale, and possession of cannabis. It is subject to provincial or territorial restrictions. In British Columbia , the legal age to possess or use cannabis is 19 years of age or older.…
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Wal-Mart Canada’s Wrongful Termination Case
TagsArticles, Employment LawOne of the most discussed recent employment law decisions of the last year has to be Galea v. Wal-Mart Canada Corp., 2017 ONSC 245. Since its release on December 7, 2017, the decision has become the benchmark in employment law as what employer conduct will attract punitive damages. Wal-Mart Canada was ordered to pay the…
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Repeated Breaches of Confidentiality Policy are Just Cause for Termination
TagsArticles, Employment LawIn a recent case from British Columbia, Manak v. Workers’ Compensation Board of British Columbia (cob WorkSafe BC), 2018 BCSC 182, the court held that an employee’s repeated breaches of a confidentiality policy justified the employer to terminate her employment for cause. In employment law, for cause terminations are exceedingly difficult to prove with the…
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