Remedies & ‘Just Cause’ Termination

The Remedies on Termination There are two basic remedies on termination. One is the common law remedy of wrongful dismissal based on the implied term of fair notice. The second is the statutory claim for the Employment Standards minimum payments of notice and severance pay. The notice claim under this statute is capped at 8 […]

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Family Caregiver Leave: What You Need to Know

Ontario law, by statute, protects workers who are required to take time off work for personal family emergencies. Many workers have such responsibilities outside of their working duties and Ontario law offers protections to them. Who is Protected? Employees are allowed an unpaid leave up to 8 weeks total in a calendar year to provide […]

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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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