In 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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In McLeod v. Frontier Sales, 2018 ONSC 1866, the Divisional Court of Ontario dismissed the appeal by an employer who provided working notice to an employee on disability leave and in turn, sought to reduce the amount of reasonable notice that it was required to provide. The case confirms that working notice provided during a…
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In a recent case out of Ontario, Chambers v. Global Traffic Technologies Canada Inc., 2018 ONSC 2000, the court maintained that bonuses earned by an employee prior to termination or during the reasonable notice period are, in fact, payable to the employee despite their being terminated from his/her employment. Additionally, the court awarded nine months’…
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In a recent Ontario Court of Appeal decision, Sataur et al. v. Starbucks Coffee Canada Inc. et al., 2017 ONCA 1017, the liability of an employee’s wrongdoing, even during the course of their employment, was deemed to potentially attract personal liability, rather than shifting the liability to the employer. The plaintiff in this case, Sataur…
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In a recent decision, Dussault and Pugliese v. Imperial Oil Limited, 2018 ONSC 1168, the court addressed the issue of the need for a plaintiff to mitigate their damages on termination and whether an offer by the successor company of the employer defendant of re-employment constituted reasonable mitigation. At the time of the termination, the…
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On March 7, 2018, a decision was released by the Ontario Superior Court of Justice in which the court awarded a terminated employee damages equal to 18 months’ pay although the employee had only been employed for a little over 6 years. By all Canadian standards, this case demonstrates an extremely high notice requirement for…
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Whether it is drunken misadventures going viral on the internet, or hostile and negative social media rants, the nagging question remains; can an employer terminate an employee for “just cause” for the employee’s off-duty conduct? The short answer is, it depends. It depends on: the type of conduct; the proximity of the conduct to…
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The Court of Appeal of Alberta recently released its decision in Holm v. AGAT Laboratories Ltd., 2018 ABCA 23. Holm v. AGAT is a case regarding constructive dismissal in which the court focused on termination clauses in the plaintiff’s employment agreement, which limited notice to the minimums required under Alberta’s Employment Standards Code. In…
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In an undefended case out of Ontario, Horner v. 897469 Ontario Inc. o/a Superior Coatings, 2018 ONSC 121, a short term employee was awarded $10,000 for wrongful termination and an additional $30,000 in aggravated and punitive damages for the aggravation of her known depression and the callous manner of termination when the employer failed…
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One of the less desirable parts of being an employer involves sometimes being forced to terminate staff members. While awkward and often painful termination meetings cannot be avoided, a potential claim for damages for wrongful dismissal can generally be sidestepped with a few simply preemptive steps. Employers are well advised to understand their obligations to…
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