Changing Tides: Enforcement of Termination Provisions
From the employer’s perspective, one of the most beneficial terms in an employment contract is a prescribed notice period in the event of a “without cause” termination.
Mitigation Income: What’s In and What’s Out?
Under the common law, an employee who is terminated without cause is entitled to reasonable notice of termination, or pay in lieu thereof. That entitlement is not free of conditions.
Working Notice not Appropriate for Employees on Medical Leaves of...
A recent decision of the Ontario Superior Court, McLeod v 1274458 Ontario Inc., 2017 ONSC 4073, confirms that working notice does not apply where an employee is unable to work due to a medical leave of absence.
SCC Declares Termination for Impairment in the Workplace Not Discriminatory
Canadian Courts have long wrestled with the protection of human rights in the context of workplace drug and alcohol policies.
Employer Permitted To Terminate Employees Receiving LTD Benefits
A recent New Brunswick Labour Adjudication decision addressed the sensitive issue of terminating permanently disabled employees on long-term disability leave (“LTD”).
Terminating a Probationary Employee? Not So Fast…
The recent decision of Pound v. iWave, 2016 PESC 39 (CanLII), is a good reminder for employers of the requirements to dismiss an employee during a probationary period.
No Obligation to Pay Long Term Incentive Bonus Upon Termination
The Alberta Court of Appeal clarified the law with respect to how long-term incentive plans should be treated when an employee is terminated.
Navigating Employment Law Tricky For Startups
So, you want to launch a business in Nova Scotia? Well, whether you want to disrupt the tech sector, break the Internet or brew some sour beer, you are going to need to understand what it means to be an employer subjected to a litany of employment laws.
Termination Clauses: Nova Scotia Supreme Court Weighs In
In recent years, there have been many decisions on the enforceability and interpretation of termination clauses in employment contracts – which employers and their legal counsel read with both interest and apprehension.
Sexual Harassment and the Perils of Failing to Manage Workplace...
The recent arbitration decision in Canadian Union of Public Employees, Local 1418 v New Brunswick (Justice and Public Safety), 2016 CanLII 50052 (NB LA) (July 28, 2016) highlights the dangers in failing to confront employee “bad” behaviour and being lax with policy enforcement and training.