Locked Out and Out-of-Luck: The Impact of Ransomware on SMEs
Recent high-profile data breaches have emphasized the importance of protecting client, company, and personal information by governments and businesses.
Recent high-profile data breaches have emphasized the importance of protecting client, company, and personal information by governments and businesses.
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.
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.
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.
An employee in Ontario was awarded bonus payments for the applicable reasonable notice period following a without cause termination despite the bonus plan’s express terms that personal and company objectives must be met and the employee must be actively employed.
A new decision from the Ontario Court of Appeal shows the potential downside of fixed term employment contracts for employers and the importance of proper drafting.
There is no shortage of cases which confirm the perils of assuming that an employer’s liability for reasonable notice of termination will be capped at one month per year of employment.
In a decision issued February 29, 2016, Justice Morrison of the NB Court of Queen’s Bench, dismissed an appeal which would have otherwise compelled a University to disclose severance payment information, which was expressly shielded by a confidentiality clause.
There continues to be a seemingly never-ending stream of cases which confirm the perils of assuming that an employer’s liability for reasonable notice of termination will be capped at one month per year of employment.
Employee salaries and benefits can be some of the greatest costs borne by a business. As a result, when a company faces financial hardship, they will often terminate positions to reduce their costs.