Over the past few decades the Courts in Ontario have developed a significant amount of jurisprudence regarding an employee’s entitlements to various forms of compensation upon termination, including health benefits, commissions, bonuses, and pension plans. It is well established in the law that an employee is entitled to their total compensation for the duration of […]
Sale of a Business, New Employment Contract, Resignation: What Impacts Years of Service when Calculating Termination Notice and Severance?
Ariss v NORR Limited Architects & Engineers, 2019 ONCA 449 is recent decision of the Ontario Court of Appeal regarding the effect a sale of a business and numerous employment contracts have on an employee’s years of service for the purpose of calculating the notice period at termination of employment. Ariss, the plaintiff, was a […]
What Can Happen if I Resign from my Job and Change My Mind?
Last year, the Ontario Court of Appeal ruled on the issue of a dismissed employee’s length of service for the purpose of calculating reasonable notice in a situation where that employee signed several successive employment contracts with her employer over the course of nearly 20 years of employment. The case of Theberge-Lindsay v. 3395022 Canada […]
Failure to Investigate Workplace Harassment Complaint may Lead to Aggravated Damages
Employers in Ontario have numerous obligations when it comes to establishing and maintaining a safe and healthy workplace. These concurrent obligations flow from a variety of sources: Ontario’s Human Rights Code, Ontario’s Occupational Health and Safety Act (OHSA), and the common law. Throughout these Acts and laws, employers have certain obligations and one such obligation is […]
Aggravated and Punitive Damages for Termination of Employment
In most wrongful dismissal cases, while the Courts recognize that termination has a significant impact on an employee’s well-being, employers are permitted to terminate employees without attracting aggravated or punitive damages. However, employees may be entitled to these additional damages where the employer engages in misconduct or bad faith during the termination process. Ruston v. […]
Am I Entitled to Severance Pay at Termination of Employment in Ontario?
Recently the Ontario Labour Relations Board clarified section 64 of the Employment Standards Act, 2000 (“ESA”). This section provides authority for when an employee is entitled to severance pay upon termination. The applicable section reads as follows: Entitlement to severance pay 64 (1) An employer who severs an employment relationship with an employee shall pay severance […]