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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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. © 2016 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. © 2016 Nelligan O’Brien Payne LLP.

Do Disabilities Disable Progressive Discipline?

by Stephanie Lewis on November 9, 2016

Do Disabilities Disable Progressive Discipline?

I recently had the privilege of speaking at a conference where an audience member asked how progressive discipline should be handled out when dealing with a disabled employee.

At the heart of this issue is the pull between documenting problems with an employee’s performance, meting out consequences for those performance failures or difficulties, and the duty to accommodate employees with disabilities that may be causing the performance difficulties. For example, if someone is regularly absent from work, but you know that the absence is caused by a medical disability, what do you do? Do you treat these absences the same way you would treat those of any employee?

Read more on Do Disabilities Disable Progressive Discipline?

This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2016 Nelligan O’Brien Payne LLP.

Navigating the Litigation Process

by Dana Du Perron on October 27, 2016

Navigating the Litigation Process

Dealing with a dismissal is difficult. The stress of this situation can easily become compounded when an employee is required to fight an employer to receive their lawful entitlements. While a lawyer can provide guidance through the steps of the negotiation and litigation process, knowing how the process works prior to initiating it should help alleviate some of the stress. Here is a brief outline of steps in the litigation process, in the order in which they (generally!) occur:

Read more on Navigating the Litigation Process

This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2016 Nelligan O’Brien Payne LLP.

Duty to Provide an Employer with Reasonable Notice of Termination

by Jill Lewis on October 21, 2016

Duty to Provide an Employer with Reasonable Notice of Termination

Just as an employer has a duty to provide proper notice of termination to an employee they terminate without cause, an employee also owes a reciprocal duty to provide notice of their resignation. Damages for not providing such notice are not often sought because, practically speaking, what the employer can hope to recover is often outweighed by the legal costs necessary to obtain it. However, when such damages are sought, this often comes as quite a shock to the employee who believed there would be no repercussions for quitting without notice.

Read more on Duty to Provide an Employer with Reasonable Notice of Termination

This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2016 Nelligan O’Brien Payne LLP.