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March 25 Update: In light of the COVID-19 pandemic, the Canadian government has proposed legislation to establish a new kind of income replacement benefit called the Canada Emergency Response Benefit (CERB). The CERB will temporarily replace all new applications for Employment Insurance once it is in place. We don’t yet know if the CERB will require an …

Read More about What Happens if Employer Fails to Issue ROE on Time?

Employers generally owe their employees common law reasonable notice upon termination without cause. However, if the parties agree to a probationary period in an employment contract, the right to common law reasonable notice can be ousted if the employee is terminated within the probationary period. A recent Ontario Court of Appeal case, Nagribianko v. Select …

Read More about The Word “Probation” is Enough to Oust the Right to Common Law Reasonable Notice

Introduction The Ontario Court of Appeal, in Brake v. PJ-M2R Restaurant Inc., 2017 ONCA 402 (CanLII), recently clarified the law of mitigation. The duty to mitigate is an employment law principle that requires employees who are terminated without reasonable notice (i.e. a wrongful dismissal) to look for a new job. If a new job is …

Read More about When is New Income Deductible (Severance)?

The laying of a criminal charge alone does not constitute just cause (i.e. dismissal without notice) in every instance. In order to summarily dismiss an employee for being charged with a criminal offense, the employer must show that there is some connection between the charge and the employer. In this regard, the employer must show …

Read More about How to terminate an employee who has been charged with a criminal offense

A case from 2006 (Canadian Union Of Public Employees, Local 27 V. Greater Essex County District School Board (Postma) (Hunter, Arb.)) demonstrates that video evidence will be admissible when it is deemed “relevant”. The Facts: A custodian employed by the Greater Essex County District School Board, Keith Postma, was dismissed for allegedly engaging in activities …

Read More about When is video evidence permitted at a labour arbitration?

With news almost every week of another marijuana dispensary raided by the police, Ontarian’s have asked, can the Ministry of Labour enforce employment standards (i.e. notice of termination, overtime, etc.) in favour of individuals who work at these criminal enterprises? In short, yes. There is simply no exemption in the Employment Standards Act (“ESA”) which exempts …

Read More about Are employees of a marijuana dispensary protected by employment standards?

Employees are entitled to reasonable notice upon termination of their employment. However, a termination clause contained in an employment contract may oust the employer’s obligation to provide reasonable notice, so long as the termination clause actually limits the employee’s entitlement to notice, without violating employment standards. A recent Alberta Court of Queen’s Bench case, Nutting …

Read More about The Importance of the Word “Minimum” in Employment Contract Termination Clauses