Generally speaking, when an employee is dismissed without cause, they are entitled to notice or pay in lieu of notice as set out in the British Columbia Employment Standards Act (“ESA”). However, there are certain exceptions to this rule. One such exception is where the employee is offered and refuses reasonable alternative employment by their employer.
Legislative ...
Terminating the employment of an employee is never easy. There are many things to consider from both a practical and legal perspective. The more prepared you can be the better. While not exhaustive, set out below are some questions every employer should be asking themselves before they terminate the employment of any non-union employee on a “without cause” basis.
- What ...
Today, the SCC handed down an important decision for employers in Matthews v. Ocean Nutrition Canada Limited. There are at least three significant implications of this case in which the SCC sought to clarify the remedies available to employees on termination without cause:
- An employer has a common law duty to provide reasonable notice of dismissal. This is an independent ...
In a recent decision, Waksdale v. Swegon North America, 2020 ONCA 391, the Ontario Court of Appeal (“ONCA”) held that a “without cause” termination provision in an employment agreement was unenforceable because a separate “with cause” termination provision did not comply with the Ontario Employment Standards Act, 2000 (the “ON ESA”).
Mr. Waksdale had ...
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Lawson Lundell's Labour and Employment Law Blog provides updates on the most recent legal developments impacting the Canadian workplace and offers practical tips for employers. We cover a range of topics, including labour relations, employment law, collective bargaining, human rights, employment standards, employment equity, workers' compensation, business immigration, privacy, occupational health and safety and pensions and employee benefits.
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