Employers Don’t Always Need to Give a Warning Before Firing You With Cause
An employer doesn't always need to send a warning before firing an employee. The near invariable direction HR departments provide when it comes to terminating an employee for cause is that […]
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Are Lump Sum Termination Payments Subject to EI Withholdings?
Employers must deduct termination payments that lead to overpayments of EI benefits. Employees who get terminated often settle with their former employers after they’ve already received EI benefits compensating them for […]
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British Columbia Court Of Appeal Finds That Employers Can Discriminate Against Employees Based On Family Status Without A Change In Employment Terms
The recent British Columbia Court of Appeal decision in British Columbia (Human Rights Tribunal) v Gibraltar Mines Ltd., 2023 BCCA 168 ("Gibraltar Mines") broadens the test for family status discrimination in BC, bringing […]
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B.C. Supreme Court Rules That Firms Cannot Be Liable For Internal Investigations Into Misconduct
Effective compliance processes can be the most successful risk management tool that businesses and their leaders have in their tool boxes. Compliance programs are expected to detect legal or regulatory […]
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Court Finds That Saving Clause Does Not Fix An Illegal Termination Provision
Bottom Line Despite a "saving provision" that purported to incorporate the provisions of the Employment Standards Act, 2000 (the "ESA") into the employment agreement, the Ontario Superior Court of Justice in Tan v. Stostac […]
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Court Relies On Secret Recording Of Termination Meeting To Sanction Employer’s Bad Faith Conduct
Bottom Line In Teljeur v Aurora Hotel Group, 2023 ONSC 1324, the Ontario Superior Court of Justice awarded a whopping seven months' damages in lieu of common law reasonable notice and $15,000 […]
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When Is a Severance Agreement Release Unenforceable?
Beware of “unconscionability” when getting a terminated employee’s agreement not to sue. Because the price of termination in Canada is so high, employers typically enter into severance negotiations with employees they […]
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Severance Agreement Template
Here’s a template agreement that you can adapt when entering into a severance arrangement with an employee who’s getting ready to leave your company. Be sure to modify the template […]
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Termination Protection For Remote Workers
Proposed changes in Ontario would make remote workers eligible for the same 'enhanced' notice period as in-office employees, and it would also entitle new hires to certain written information about […]
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Employees Who Refuse Alternative Employment With Their Employer May Not Be Entitled To Statutory Termination Pay
Generally speaking, when an employee is dismissed without cause, they are entitled to notice or pay in lieu of notice as set out in the British Columbia Employment Standards Act ("ESA"). However, […]
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