Terminating Probationary Employees - What Standard Applies?
by Karine Dion on January 5, 2017
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.
2016 Employment Law Year in Review
by Karine Dion on December 19, 2016
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
Bill 132 - Are Your Workplace Violence and Harassment Policies Compliant?
by Jim Anstey on December 7, 2016
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.
Do An Employer's Financial Circumstances Affect Reasonable Notice Periods?
by Janice B. Payne on November 30, 2016
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.
The Enforceability of Releases: Top 10 Need-to-know Facts
by Jill Lewis on November 17, 2016
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: