Employment Law Archives

Employee Resignations: The Basics

April 24, 2024
Common Law, Employer Resources, Employment Law, HR Insights, Labour Standards, Notice Period, Terminations, Workplace Policies, Workplace Transition, Wrongful Dismissal

In the world of employment law, terminations tend to steal the spotlight. But what about when the employee is the one ending the employment relationship?

Employee Resignations: The Basics

Here is an overview of the law of resignation, and what employers need to know when they receive an employee’s “two weeks’ notice”.

An Employee Has Requested a Leave of Absence, Now What?

April 17, 2024
Employer Resources, Employment Contracts, Employment Law, Employment Standards Act, HR Compliance, Leaves, Workplace Consideration, Workplace Policies

Employers often wonder how to handle requests for leaves of absence from employees.

This requires understanding the various options available depending on the terms of employment and benefit plans, but also obligations under employment standards legislation and human rights legislation. This balancing act can become burdensome and lead to liability for employers if mishandled.

Employment Law 101: Mitigation

March 20, 2024
Canadian Labour Law, Employer Resources, Employment Law, HR Insights, Mitigation, Terminations, Workplace Best Practices

Mitigation issues can save an employer months of termination pay and/or gut your termination case, depending on whether you are the employer or employee in a dispute. But what exactly is mitigation? This post sets out the basics. Employment Law 101: Mitigation

Uncertainty on Both Ends of the Common Law Notice Spectrum

January 31, 2024
Employer Resources, Employment Contracts, Employment Law, Human Resources Strategies, Terminations

During 2023, we saw the Ontario Court of Appeal uphold two decisions awarding notice periods beyond what was believed to be the “24-month cap” at 27 and 30 months respectively.

Uncertainty on Both Ends of the Common Law Notice Spectrum

In another recent Ontario decision, the Court awarded 5.5 months of pay in lieu of notice to an employee with only 5 months of service prior to dismissal, which is significantly higher than the “one month per year” rule of thumb. These decisions create uncertainty for employers given the wide range of potential liability arising from wrongful dismissal claims. Fortunately, there are proactive measures employers can take to avoid this liability.