As the economic situation continues to evolve, companies are making rapid changes to their workforce. Unfortunately, these changes can result in mass layoffs, which can be difficult for both employees and employers. Earlier this month, Nordstrom announced it was shutting down all its Canadian stores, cutting 2,500 jobs. In Ontario, when companies make mass layoffs, […]
Severance pay in Ontario: What if I am fired for cause?
Ontario severance pay: What if I am fired for cause? A recent decision of the Ontario Court of Appeal, Render v. ThyssenKrupp Elevator (Canada) Limited, 2022 ONCA 310, confirmed that where an employee is terminated on a “for cause” basis, the employer may be required to provide severance pay under the minimum standards set out […]
Termination during COVID can result in longer notice periods
In the early days of the COVID, it was suggested that, when evaluating wrongful and constructive dismissal claims in the context of the pandemic, the Courts would take into account the negative effects of COVID on the job market, when assessing whether employees have met their duty to mitigate. Similarly, it was suggested that the […]
Does my employer have to pay notice of termination after I secure new employment?
Generally speaking, when an employee is terminated without cause, he or she is entitled to termination and severance pay as laid out in the Employment Standards Act (ESA). This is considered the minimum standards. Employers cannot contract out of their obligation to pay the minimum standards. On the other hand, at common law, employees can […]
Ontario Severance Pay: What are contractors entitled to?
In Ontario, severance pay can be provided if the employee is terminated. However, this entitlement presupposes that one is an employee. Individuals who perform services may do so as independent contractors, however they might not enjoy employment protections. For example, independent contractors are not entitled to reasonable notice, unless it is later determined that the […]
How do I know if my termination package is good?
When employees are terminated without notice, they are typically provided with a termination letter outlining what the employer is offering in terms of a monetary payout. It can be incredibly stressful to experience a termination and have to make decisions regarding accepting or denying an offer. To further add stress, employers often state that the […]
