Servers, Bartenders & Severance Pay

Many people employed in the service industry, such as servers, barbacks and bartenders receive a considerable portion of their pay in the form of gratuities. Often the question asked on a termination claim is whether this income described as “tips” should be included in a severance claim. The answer to this question is a definite […]

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Update on Notice Periods in Mass Terminations

In a prior post, we reviewed the notice requirements under the provincial Employment Standards Act (the Act) with respect to a mass termination in the context of a decision released in 2017 by the Ontario Superior Court. In the case, 77 employees of a manufacturing plant were set to be let go due to the […]

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Notice Awards Moving Up

General Rules The fundamental guidelines for determining an award of “reasonable notice” or wrongful dismissal damage awards have been in place for many years. There is not a fixed set of factors as there exist many unexpected nuances, but the basics may be fairly stated to be: The character of the employment; The length of […]

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The Right to Unplug

The newly amended Employment Standards Act may have created a context in which an employee may legally be able to disconnect their phone from the demands of the office. There is some precedent for this. European countries such as France passed a law allowing employees to turn off their devices when not officially at work. […]

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