Blog - Terminations
Looking to stay up to date on the latest news and information regarding employment law and how it impacts your workplace situation. Use our information centre to find informative blogs, media commentary, Globe and Mail articles and other helpful resources to ensure you understand your workplace rights.
You can be terminated or dismissed from your job without any reason, if your employer provides the proper advanced warning or payment, known as severance. In this situation, the amount of severance you received must be fair and reasonable.
Sometimes, your employer can terminate you without any warning or severance but only if you have engaged in very serious misconduct. This is known as a dismissal for “just cause”. Your employer has a legal duty to demonstrate that your behaviour was so bad that no other alternative existed but to immediately dismiss you.
When does office romance become cause for dismissal?
Published By: THE GLOBE AND MAIL The legal fallout from dating at work is back in the headlines after the Royal Bank of…
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RBC Fires CFO Over Breach of Conduct
Why did RBC fire CFO Nadine Ahn? In a bold move reflecting its commitment to upholding ethical standards, Royal Bank…
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Courtroom Victory: Secured $1.7M in a Wrongful Dismissal Case
$1.7 million dollars in damages awarded for a wrongful dismissal case. Daniel Lublin, founding partner of Whitten & Lublin and…
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Nike Layoffs: Restructuring for Growth
Why Nike plans to layoff 1,500 employees? Nike has announced a significant move in its ongoing restructuring efforts, revealing plans…
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Instacart Layoffs: Restructuring in Progress
Why is Instacart Downsizing Its Workforce? Instacart layoffs impact 250 employees, equivalent to about 7% of its total workforce, in…
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Bell Media Layoffs: Bell Cutting 4,800 Jobs as It Restructures Again
Details of Bell Media Layoffs Bell Media announces yet another significant restructuring. This new round of Bell Media layoffs reduces…
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Is Just Cause Termination Possible Based on a Viral Video?
Just cause termination over video call For those wondering whether you can be terminated for conduct displayed in a viral…
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Layoffs at SAP: 8,000 Employees Impacted
Restructure details regarding Layoffs at SAP Layoffs at SAP impact 8,000 employees. German tech major SAP has announced a 2…
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Terminations at eBay: Paving the Way for Sustainable Growth
Latest details on terminations at eBay In a bold step towards restructuring, eBay recently announced the termination of approximately 1,000…
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Layoffs at Wayfair in 2024 Impacting the Canadian Workforce
Latest details on layoffs at Wayfair In a surprising turn of events, Wayfair, the e-commerce giant, announced another wave of…
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Just Cause Termination – Privacy Breach
What Constitutes a Privacy Breach in the Workplace? Just cause for termination is the capital punishment of dismissals. If proved,…
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TD’s Layoffs: Workforce Restructuring & Financial Challenges
TD layoffs 3,000 positions. Toronto-Dominion Bank fell short of analysts’ earnings expectations as it allocated more funds than anticipated for…
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Termination for Cause & Medical Privacy
In any healthcare system, safeguarding patient privacy is not only an ethical matter: it presents a legal imperative. Recent events…
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Bad Boy’s Bankruptcy: Challenges and Restructuring
All about Bad Boy’s Bankruptcy Bad Boy Furniture Warehouse Ltd. has received the green light from an Ontario court to…
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Canadian Tire Layoffs 3% of its Workforce
Canadian Tire layoffs significant workforce, amounting to approximately 3% of its employees in the fourth quarter, as it navigates through…
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TVA Layoff and Media Industry Transformation
Why leads to TVA Layoff it’s workforce? TVA Group, a prominent Montreal-based broadcaster, has made a significant announcement that reflects…
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Splunk Layoffs: Pre-Merger Shakeup
Splunk Layoffs 7% of it’s workforce In a bold and surprising move, the cybersecurity powerhouse Splunk, poised to be the…
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Dismissal for “Bashing Your Boss” in a Private Group Chat?
A recent case in the UK has the courts considering whether insults against your boss in a private WhatsApp group…
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2023 Layoffs to Continue
Recent polls of human resources leaders across Canada have shown that the widespread layoffs in the workplace seen over the…
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Scotiabank Layoffs 3% of its Global Workforce
Scotiabank layoffs & expects its Q4 results to be adversely affected by restructuring, job cuts, and impairment charges. Scotiabank’s layoffs…
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Termination of 8 employees at Hamilton Heath Sciences (HHS)
Why led Termination of Eight Employees at Hamilton Health Sciences ? In any healthcare system, safeguarding patient privacy is not…
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Workplace Laws Won’t Protect You From Being Fired for Making Comments Deemed Hateful Online
Published By: THE GLOBE AND MAIL In the aftermath of the horrific events last weekend in Israel, a wave of Canadians…
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Can Off-Duty Social Media Conduct Affect Your Job?
An Air Canada pilot was recently grounded for inappropriate posts on his social media. While this particular case involved a…
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New Insights into Terminations for Just Cause
The law around what isn’t and isn’t acceptable when it comes to terminations for cause continues to evolve. It seems…
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Bad Boss Battles: Canada’s Secret Struggle
We undertook a nationwide survey on social media across Canada. 545 people felt passionately enough about the topic to respond…
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Termination for ‘Just Cause’ vs. ‘Wilful Misconduct’
‘Just Cause’ vs. ‘Wilful Misconduct’ termination? A just cause termination occurs when an employer fires an employee due to serious…
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Knicks Sue Raptors Over Alleged Data Heist
Knicks Sue Raptors: Legal Action Unveiled The New York Knicks have filed a lawsuit against the Toronto Raptors, certain individuals…
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Ex-Rogers CEO Natale Sues for $24M Wrongful Dismissal Suit
Former Rogers CEO Joe Natale Launches $24M Wrongful Dismissal Suit. Former Rogers CEO Joe Natale has launched a legal battle…
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Twitter Legal Battles: Navigating Layoffs, Lawsuits, and Arbitration
Twitter legal battles unfold as ex-employees seek compensation for mass layoffs. The social media giant laid off thousands of employees…
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Bell Layoffs: 1,300 Job Cuts and 9 Radio Stations Shut Down in Canada
BCE Inc., the parent company of Bell Media, is undergoing significant changes in its news delivery strategy, resulting in the…
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Termination for Cause: Impact and Legal Considerations
Why is for cause termination considered the “capital punishment” of employment law? Employment relationships generally come to an end in…
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Hudson Bay Layoffs: Second Round Cuts 250 Jobs
Hudson’s Bay, the Canadian retail arm of Hudson’s Bay Co., has announced that it will lay off 250 employees in…
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Top 5 Considerations For Employers During Employment Dismissal
Dismissals can be a difficult time for everyone. However, dismissals are an inevitable part of employment, whether due to economic…
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Termination for Cause: Park v Costco Dismissal Case
The “Park v Costco Dismissal Case” is a recent Ontario Superior Court case that has attracted attention due to its…
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Layoffs At Lyft : New CEO Announces Significant Job Cuts
Lyft, the ride-sharing app popular in North America, has announced that it will lay off a significant number of employees.…
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Dr. John Dornan’s Termination: Importance of Protecting Your Reputation
A recent New Brunswick case has shone a light on the value of one’s reputation and the critical importance of…
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Mishandling a Layoff Can Be a Costly Mistake for Employers
Special to The Globe and Mail Eyebrows were raised recently when Elon Musk issued an ultimatum to Twitter employees that…
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Meta Lays off 11,000 People
Meta, Facebook’s parent company, has laid off approximately 11,000 of its employees as a result of a continued decline in…
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Mistreatment of Employees at Dismissal Might Come at a Cost
Being let go from your job unexpectedly can be stressful and difficult for any employee. In a recent Ontario Superior…
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What is Quiet Firing and How is it Different From The Trending Quiet Quitting?
As the topic of quiet quitting continues to be discussed in most workplaces and news outlets, we are also seeing…
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Can You be Fired for Refusing to Adhere to the Mask Policy at Work?
Employees should tread carefully when choosing to not follow workplace restrictions related to the COVID-19 pandemic. A recent case from…
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Fired During Recession – Recession as a Pretext for Termination?
Recessions can put great pressure on employers’ bottom lines, and payroll often gets put on the chopping block. The process…
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Terminated for Cause: Severance Entitlement
Employment relationships generally come to an end in one of a few ways – with one of the more common…
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Failure to Mitigate Can Have Serious Repercussions for Dismissed Employees
Most employees dismissed without cause will be entitled to reasonable notice of their dismissal. What reasonable notice will mean in…
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Unjust Dismissals in Canada
Although many people may use the terms “unjust dismissal” or “wrongful dismissal” interchangeably, each have a separate meaning and are…
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Constructive Dismissal vs. Wrongful Dismissal
Employers and employees always enter into an employment agreement with the hope of a long and prosperous working relationship, however,…
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Deloitte Reversing COVID-19 Vaccine Mandates
The announcement that Deloitte is reversing COVID-19 vaccine mandates signals the crossroads at which many employers find themselves as society…
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No Such Thing as a "Free" Consultation
People often get exactly what they pay for. This is as true in law as it is in life. Here…
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Employees Refuse to Return to Work Over COVID-19 Concerns
There have been instances where employees have refused to return to work over Covid-19 concerns. Their refusal to continue working…
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Lockdown Terminations: Cineplex Laid Off 6,000 Part-Time Workers
Cineplex laid off 6,000 part-time employees temporarily in Ontario and Quebec last week. Approximately 5,000 of those jobs were in…
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Vaccination and Terminations in Federally Regulated Workplaces
If you are an employee working in a provincially regulated workplace, absent discrimination upon illness or religious grounds, an employer…
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Can an Employee Claim Constructive Dismissal for a COVID-19 Layoff?
Under the Infectious Disease Emergency Leave regulations of the Employment Standards Act, an employee placed on layoff or reduced hours…
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Are CERB Payments Deductible From Wrongful Dismissal Damages?
Amid the Covid-19 pandemic, the Canadian government has provided various social benefit programs, including the Canada Emergency Response Benefit (“CERB”).…
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Placed on an Infectious Disease Emergency Leave? That can be a Constructive Dismissal
As a result of COVID-19, many employees were placed in the uncertain position of being temporarily laid off under the…
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Contracting COVID-19 in the Workplace: What Are Your Rights?
The Ontario Government has worked to provide COVID-19 positive workers with job security and the ability to focus on getting…
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Is it Acceptable to Dismiss a Worker Remotely?
Prior to COVID-19, most workplace lawyers would recommend that an in-person termination meeting was the best form. Although there is…
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Can Poor Performance During COVID-19 be a Cause For Dismissal or Reduction in Salary?
As many companies have their financial year-end in December, the new year is a common time to discuss an employees’…
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Yee v Hudson’s Bay Company, 2021 ONSC 387 – Wrongful Dismissal Claim
In a decision handed down by the Superior Court of Justice this week, our own Daniel Lublin and Simone Ostrowski…
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Supreme Court of Canada Will Not Hear Waksdale Appeal
The Supreme Court of Canada won’t hear an appeal of the Ontario Court of Appeal’s June 6, 2020 Waksdale decision.…
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Employment Law: Loblaws Left Unlocked – Who is at Fault?
In COVID-19 times, the news is released almost by the hour and it is difficult to stay on top of…
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Can an Employer Fire You Over a TTC Delay?
A partial derailment of the TTC on Line 2, caused morning chaos for the commuters. The CP24 reporter overheard a…
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When a Voluntary Early Retirement Becomes Mandatory
DANIEL LUBLIN, SPECIAL TO THE GLOBE AND MAIL As Canadian baby boomers approach retirement age, many are hoping to exit…
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Daniel Lublin on CBC News – Dallas Stars Fire Coach Jim Montgomery
Daniel Lublin, a partner, and an employment lawyer at Whitten & Lublin Employment Lawyers chats with CBC News about the…
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How to sue my employer in Ontario?
The process to sue your employer is simpler than you might think it is. Step 1. We draft the “statement…
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How Much Can You Sue For Wrongful Dismissal in Ontario?
Before you sue for wrongful dismissal, make sure you understand your rights and also the legal terminology behind your claim.…
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How Does an Employment Contract Become Legally Binding?
If a court were to analyze any terms of the employment contract in a case for damages, the court would…
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Is There a Standard Formula for Common Law Notice
Employment law entitlements are bare minimum guarantees. If not subject to a termination clause that limits termination pay to statutory…
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Dismissed for Just Cause – Should an Employer Offer a Favourable Reference?
When an employee is dismissed for just cause, this means that the dismissal is justified due to misconduct. In such…
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My company has given me a new role with more work and less pay
THE QUESTION My company recently let go of all the sales staff except me. In 12 years, I’ve always done…
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The Importance of Workplace Investigations for Alleged Misconduct
When faced with a workplace allegation of misconduct, it is imperative for employers to investigate before reacting to such allegations.…
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Termination Clauses: Contracting out of Common Law Notice
Within an employment context, an employer can usually end employment without there being misconduct by the employee by providing notice…
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Canada Labour Code: Can an Employer Claim Layoff for an Employee Returning from Illness/Injury?
The Canada Labour Code (The Code) applies to employees working within federally regulated industries. This includes industries such as telecommunications,…
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Duty to Mitigate and Human Rights Violations
Under the Ontario Human Rights Code, employees that are dismissed as a result of discrimination still have a duty to…
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Human Rights Law and Pregnancy
Under human rights law, pregnancy is a protected ground of discrimination under sex/gender. This means that an employer cannot legally…
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Intoxication at Work: Is this cause for dismissal?
Generally speaking, courts have been more sympathetic towards employees dismissed for intoxication; this is due to human rights tribunals viewing…
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All Employees Must Receive the New Employment Standards Poster
All employees in Ontario who are covered by the Employment Standards Act, 2000 (the “ESA”) must receive a copy of the…
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Discipline in the Workplace Explained
Often, discipline in the workplace is seen as punishment. However, discipline in the workplace is not intended to be punitive…
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Federal Employers Require Just Cause for Termination of Employment
Usually, an employer may choose to terminate an employee by providing ‘reasonable notice’ of termination or payment in lieu equivalent…
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Does a “Near Cause” Incident Reduce the Amount of Notice Pay Needed for Terminating an Employee?
The doctrine of ‘near cause’ has been settled for some time now. The near cause doctrine, in principle, allows an…
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Terminating and Employee for Failing to Follow a Medical Plan
An employer may be justified in terminating an employee without notice for failing to obey an order in certain circumstances.…
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Frustration of Contract and Long Term Disability Benefits
Employers should be familiar with the concept of frustrated contracts in employment law. Frustration considers what the parties (employer and…
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Frustration of Contract vs. Just Cause: What is the difference?
There are various ways an employer may end an employment relation. An employer may end a contact by offering an…
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Can an employer impose a longer probationary period than 3 months?
It is common knowledge for employment probationary periods to last for three months from the commencement of the employment relation.…
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Ending Fixed Term Contracts: Is a typical severance package sufficient
In the case of Howard v. Benson (2016), the Ontario Court of Appeals cleared up any uncertainty regarding employers ending…
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Terminated without notice: are discretionary bonuses part of the severance package?
Bonuses may make up a significant portion of pay for executives, senior managers, and other high skilled employees. Upon termination…
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When is a non-solicitation clause not enough?
Non-solicitation clauses prohibit an employee from actively pursuing clients of the employer when the employment relation has ended. To be…
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Constructive Dismissal – An Intolerable Environment or Culture
When an employer unilaterally changes a fundamental term of an employee’s job, then an employee may quit and claim ‘constructive…
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Can You Collect Employment Insurance (EI) if Fired?
The general rule for Employment Insurance eligibility is having lost employment for no fault of your own. If an employee…
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Employment Contract – What to Include and Why
A written employment contract is essential for employers and employees to minimize future disputes and the risk of costly litigation. …
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Constructive Dismissal: Some common signs and considerations to make
Constructive dismissal is a legal term that means the employer imposed changes upon the working relationship that caused the employee…
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Employment Insurance Requirements under 3 scenarios: Quitting, Dismissed for Cause, Dismissed Without Cause
Eligibility Requirements for Employment Insurance Paying into the Employment Insurance program is usually automatic, with regular deductions taken from you…
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Unwritten Terms of Employment Contracts
Contracts- Implied Terms: It is not uncommon for terms of employment between workers and employers to be unwritten. Disputes between…
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A Case of Employee Dishonesty Resulting in Termination
Where there is ‘just cause’ for termination an employer is not obligated provide an employee notice of termination or pay…
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An Impassioned Employee Storms Out of the Office: Is This Resignation From Job?
When an employee resigns there is usually clear actions that support their decision. This may include a written letter, a…
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Dismissal for Poor Performance: Does an Employer Need to Provide Severance?
Only if there is just cause for termination, the employer may terminate the employee without severance pay. As an employer,…
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Termination Clauses and Contracting Out: Clarity Given by Recent Ontario Appeals Court Ruling
Employment Standards Act Review: The Employment Standards Act (2000) grants employees minimal guarantees. In terms of termination, the Employment Standards…
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Are your Employment Contracts Illegal?
Better cautious now than sorry later. If you’re wondering if your employment contracts are illegal, then its always a safer…
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Are you entitled to bonus pay that would have been earned during your notice period in the case of wrongful dismissal?
A notice period is required by an employer seeking to terminate an employee. Employers can either provide the employee with…
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Can a Non-Payment of a Bonus Trigger Constructive Dismissal?
In the case of bonus pay, would a disagreement over the entitlement, and subsequently a non-payment, be enough for an…
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Lateness and Absenteeism
In General, an employer has a reasonable expectation that employees will not be late for work on a regular basis…
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