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Length of Service – Sometimes Not an Easy Matter
In the absence of a legally enforceable contract dealing with entitlement on termination, it has been said that an employee employed for an indefinite term may only be terminated summarily for just cause or in the absence of just cause, upon reasonable advance notice or pay in lieu of such notice. Determining the period of [...]
Layoffs Longer than 35 Weeks and Constructive Dismissal
The Ontario Court of Appeal recently released a decision that touches on the interaction between theEmployment Standards Act, 2000 and constructive dismissal in the context of an indefinite layoff. The case is Elsegood v. Cambridge Spring Service. Section 56(1) of the ESA provides as follows: 56(1) An employer terminates the employment of an employee for purposes of [...]
Building Services Provider Case to Watch
If you’re a “business services provider” within the meaning of the Employment Standards Act, 2000 and Regulations then you will want to keep an eye out for developments in the Mensur v Vinci Parc (Canada) Inc case. The case deals with the issue of if, when and from whom is termination and severance pay payable when changes in [...]
Work stoppage was “wilful misconduct”, not an exercise of statutory rights
The Ontario Labour Relations Board (the “Board”) has, in a recent decision, recognized an employee’s role in leading a work stoppage as ‘wilful misconduct’ that disentitled him to statutory termination pay and the shield of statutory reprisal protections. An Ontario employee was dismissed after he orchestrated a work stoppage of his fellow tree cutters. The [...]
Liberals would create new job-protected leave for caregivers
The Liberal Party has promised to amend the Employment Standards Act, 2000 to introduce a new type of job protected leave. Dalton McGuinty announced on August 16, 2011 that, if elected, the Liberal Party would introduce a maximum of 8 weeks unpaid leave for employees caring for seriously ill or injured family members. The Liberal [...]