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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Setting The Period of Reasonable Notice – Black Magic?

Absent a fixed term contract or an agreement defining the period of notice to be given in the absence of just case, the employer’s obligation is to provide advance notice of termination. The failure to do so will allow a claim for the income sum which would have been earned in this time period, less […]

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