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 […]

Read More

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, […]

Read More

Promotions and Revisiting the Employment Contract

Employment agreements must be revisited and re-negotiated when an employee has been promoted to a more senior position. This issue is often overlooked by employers. Failure to Revisit Can be Costly This is exactly what happened in a recent decision out of Saskatchewan. The plaintiff had been hired as a staff architect and had signed […]

Read More

Ontario Court: “Age is an Impediment” for Older Employees after Termination

In its recent decision in Ozorio v. Canadian Hearing Society, the Ontario Superior Court of Justice awarded 24 months’ notice to a 60-year-old employee following her termination. This decision illustrates the factors that courts will consider when determining what an appropriate notice period is for a longer service, older employee, and explicitly recognizes such individuals may […]

Read More