The Workplace Matters
A blog published by the Nelligan O'Brien Payne LLP Employment Law Group. Based out of Ottawa, we provide information and practical insights on all areas of employment law for employees and employers in private and public sectors throughout the National Capital Region, Ontario and across Canada.
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Terminating Probationary Employees - What Standard Applies?

by Karine Dion on January 5, 2017

Terminating Probationary Employees - What Standard Applies?

In my previous blog post, I explained how 2016 was a great year for employees. There was one case, however, that was decided in favour of employers. Below is a cautionary tale for probationary employees.

 The case of Nagribianko v Select Wine Merchants Ltd was heard by the Ontario Divisional Court, and dealt with probationary employees. This was an appeal from the Small Claims Court in which the plaintiff, Alexander Nagribianko, was awarded four months of reasonable notice following the termination of his employment during his probationary period.

Read more on Terminating Probationary Employees - What Standard Applies?

This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2017 Nelligan O’Brien Payne LLP.

2016 Employment Law Year in Review

by Karine Dion on December 19, 2016

2016 Employment Law Year in Review

The law is forever changing. With every passing day and year, all levels of court throughout this country render decisions that have an immediate and pronounced impact on all of us.

This has been an especially good year for employees.

Read more on 2016 Employment Law Year in Review

This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2017 Nelligan O’Brien Payne LLP.

Bill 132 - Are Your Workplace Violence and Harassment Policies Compliant?

by Jim Anstey on December 7, 2016

Bill 132 - Are Your Workplace Violence and Harassment Policies Compliant?

Workplace sexual assault and harassment has been grabbing headlines for many years. It has been reported that many of our public institutions, including the RCMP and our armed forces, are dealing with a high incidence of such complaints. As we all know, sexual assault and sexual harassment can happen in any workplace. And when it does, the costs to employers can be staggering: employers may be the subject of a legal action or complaint, lose one or more employees involved in the incident, suffer a loss of productivity due to low employee morale and/or suffer reputational damage. The latter points, in particular, make it difficult to retain and attract good employees. Of course, the impact on victims is often beyond monetary consideration.

Read more on Bill 132 - Are Your Workplace Violence and Harassment Policies Compliant?

This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2017 Nelligan O’Brien Payne LLP.

Do An Employer's Financial Circumstances Affect Reasonable Notice Periods?

by Janice B. Payne on November 30, 2016

Do An Employer's Financial Circumstances Affect Reasonable Notice Periods?

When an employer wants to terminate an employee without cause, it is required to do one of two things: give reasonable notice in advance of termination, or provide pay in lieu thereof (assuming the employee has no valid and enforceable employment contract).

Although they are not obliged to do so, employers more commonly terminate employees and pay them their entitlements for a reasonable period, rather than pay them to continue working after they have been terminated.

Read more on Do An Employer's Financial Circumstances Affect Reasonable Notice Periods?

This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2017 Nelligan O’Brien Payne LLP.

The Enforceability of Releases: Top 10 Need-to-know Facts

by Jill Lewis on November 17, 2016

The Enforceability of Releases: Top 10 Need-to-know Facts

Attached to most termination packages is a document that, while important, is often filled with legalese and run-on sentences. This document is generally referred to as a Release.

We recommend not signing such a document until you have spoken to an Employment Lawyer.

Below are our top 10 need-to-know facts about employment-related releases and how they can affect your rights:

Read more on The Enforceability of Releases: Top 10 Need-to-know Facts

This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2017 Nelligan O’Brien Payne LLP.