A Guide to Notice Limitations Upon Termination

Employment contracts are often an attempt by an employer to minimize an employee’s payment upon the termination of employment. There is no doubt that a company can create a contract under which an employee gives up their common law rights to wrongful dismissal payments. That being said, a few recent cases reflect how difficult it […]

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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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A Fatal Flaw can Render an Employment Contract Moot

Employers work hard to find an employment contract that is enforceable, usually in an attempt to minimize severance claims. It is clear that the employer may indeed “contract-out” of the common law severance claim based on the implied term to provide reasonable notice. There are a host of roadblocks in its path to success, however, […]

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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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