Wrongful Dismissal Definition Wrongful dismissal means a claim made by an employee that their employer has breached their employment agreement with regard to those terms and conditions concerning employment termination. The following are a list of examples of wrongful dismissal claims. Wrongful Dismissal Example 1: Not enough severance If an employee is not provided enough …

There are three types of working relationships: (1) employer-employee; (2) contractor-independent contractor, and (3) contractor-dependent contractor. All three are treated differently vis-à-vis employment rights. Importantly, only employees and dependent contractors get severance. Independent contractors do not get severance. However, as this blog post makes clear, a worker’s time spent as an ‘independent contractor’ may be …

Employment contracts outline an employee and employer’s agreed upon terms and conditions, usually at the very least salary and job description.  However, it is a best practice for both parties, especially at the at the executive level, to include more than just salary and job description. Executive employment contracts are in fact usually different from …

In Canada, a requirement to conduct a workplace investigation is triggered in case of harassment, sexual harassment or violence. How to do a workplace investigation? What then is required of such a workplace investigation? In short, a “reasonable” investigation is required. What are the requirements of a “reasonable” workplace investigation? It is impossible to say …

What is undue hardship? The right to accommodation at work in Canada is not absolute. Employers can terminate or suspend disabled employees. Employers only have an obligation to accommodate disabled employees up to “undue hardship”. Thus, the question becomes, what is undue hardship? Undue hardship is a fluid, case-by-case contextual examination of any of number …

Is everyone entitled to severance pay? Generally, everyone in Canada (except construction workers) are entitled to severance pay regardless of how long they worked or how big their employer is. This is because all Canadian employees are entitled to common law severance, which provides a range of around two and half months’ severance up to …

When is an employer’s duty to conduct a workplace investigation triggered? Generally, whenever there is a complaint of violence, harassment or sexual harassment in the workplace, an employer must conduct a workplace investigation. Note – this article will not discuss the scope or requirements of any workplace investigation. Rather, this article will simply discuss when …

In addition to paying base salary over the reasonable notice period (i.e. the severance period), must an employer pay an employee their usual commissions over the reasonable notice period? Yes, an employer is generally required to pay commissions over the whole reasonable notice period if the mode of remuneration of an employee usually includes commissions …

What is a Performance Improvement Plan? A performance improvement plan or “PIP” is a document that employers give to employees that can serve a mixture of two goals: (1) actually helping the employee improve and/or (2) building a case to terminate the employee. Frist, a PIP helps an employee improve by setting out what is …

What is a non-competition clause? A non-competition (or non-compete) clause is a passage in an employment contract which purports to prohibit employees from working for another employer or starting their own business which competes with their employer during and after employment. Without a non-compete clause, there is no prohibition against an employee competing with his or …