The Ford Government has made a crucial, temporary change to Ontario's Employment Standards Act (ESA) that will impact countless employers and employees in the Province....
There are big differences between the ways the law treats employee layoffs and permanent terminations. Although the terms are often used interchangeably when describing employment that has ended, they are not the same thing at all....
It is never a pleasant experience to learn that your employment is being terminated, no matter what the circumstances may be. Nonetheless, there is a right way of handling your dismissal. If you are careful in the way you handle your exit, it is possible to protect your...
In Whitten v. Pilot Insurance, the Supreme Court of Canada articulated the purpose, appropriateness and range of punitive damage awards in Canada. An award for punitive damages is only appropriate if conduct is “high-handed, malicious, arbitrary or highly reprehensible ...
n McKinstry v. Stone, decided September 20, 2011, Pollak J. considered the burden of proof upon an employer seeking summary dismissal of an employee's wrongful dismissal claim, where the employer is seeking to rely on a termination provision in an employee's contract of employment...
For the purpose of calculating a wrongfully dismissed employee's entitlement to pay in lieu of reasonable notice in such a circumstance, Pollak J. ruled that the Employment Standards Act deems the first day of layoff to be the date of termination....
The blog post affirms that in Ontario wrongful dismissal cases, employees aren’t restricted to describing only their own experiences; they can also allege patterns or policies of systemic wrongdoing, and such broader allegations may properly support claims for punitive or moral damages—so long as the...
A finding of just cause for dismissal at common law does not automatically disqualify an employee from entitlement to statutory severance and termination benefits under Ontario's Employment Standards Act, according to an important March 14, 2011 ruling of the Ontario Superior Court Ontario in Oosterbosch...
A June 2010 ruling of the Ontario Superior Court in Simpkin v. Ability Machine and Manufacturing Inc. demonstrates that in wrongful dismissal cases, quantification of damages is not confined to wages that would have been earned during the notice period, but will also include the replacement cost of...
Where a court finds "just cause" for the termination of employment, the dismissed employee loses entitlement pay in lieu of notice, statutory severance payments, and further, and may fail to qualify for unemployment insurance....
The Ontario Employment Standards Act (ESA) provides many benefits to the Province's employees. It also lays a few traps for those who do not fully consider the Act's complexities and limits....
One important area where the Ontario Employment Standards (ESA) and the common law appear to be wholly at odds relates to the consequences of temporary layoffs. The ESA provides that under certain circumstances, an employer may temporarily lay off an employee, and even though no work is provided...
The post discusses evolving attitudes toward social media use in the workplace, highlighting two key developments: U.S. NLRB Ruling on Social Media and Worker Rights The National Labor Relations Board found that an EMS worker had the right to discuss workplace conditions on Facebook—even if that meant...
Under Ontario’s Employment Standards Act (ESA), employees dismissed without cause are entitled to two distinct statutory payments: Termination Pay: Calculated based on years of service. Employees with 8 years or more can receive up to 8 weeks of termination pay. wiselaw.blogspot.com Severance Pay: Available to employees who meet...
In Slater v. Sandwell Incorporated (1994), Ontario courts confirmed that reasonable notice for terminated employees is assessed using the Bardal factors—job type, service length, age, and re-employment prospects—while also considering economic climate and the parties’ expectations. Economic hardship alone, however, does not reduce notice obligations....
In Ontario, non-unionized, non-managerial employees terminated without cause are entitled to reasonable notice—a length determined by the Bardal factors: length of employment, seniority, age, likelihood of securing new work, and the character of their job. For example, in Wallace v. United Grain Growers, a top...
When can employment be lawfully terminated "for cause?"...
Ontario employers must provide reasonable notice when terminating employment without cause—determined by key Bardal factors: character of employment, length of service, age, and availability of similar work. While longer notice is usually expected for managerial roles, Ontario courts continue to weigh each case individually based...
In Love v. Acuity Investments Management Inc. (2011), the Ontario Court of Appeal increased a senior vice-president’s termination notice from five to nine months, underscoring that high-level roles demand longer notice periods. The ruling cautioned against over-emphasizing short service, stressed the importance of the employee’s...
In a notable UK case, a prison officer was dismissed for gross misconduct after discovering that his Facebook “friend list” included prior prisoners and criminals. Despite claiming ignorance, his failure to vet friend requests led to his dismissal due to the perceived conflict with professional...