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Category Archives: Just Cause

Google Hangout: Assessing Notice Periods and Severance Obligations

When it comes to dismissals, there is no shortage of questions. How much “severance” are you entitled to? Can the employer provide working notice? Is the employee entitled to anything more than the applicable employment standards legislation? What is “just cause” for dismissal? What is the difference between “termination pay”, “severance pay”, “reasonable notice”, and “severance”? Is there a difference […]

Clearing Up Common Misconceptions About Termination and Severance Pay

There continues to be a plethora of myths and misconceptions when it comes to the termination of the employment relationship. We are asked the same questions time and time again, including: Can an employer make a dismissed employee work through the notice period? Is a dismissed employee entitled to a lump sum? What happens if a dismissed employee finds new […]

HRPA Hamilton: Managing Off-duty Conduct

Rudner MacDonald Associate Cody Yorke presents to HRPA Hamilton on managing off-duty conduct.   HRPA Hamilton: Managing Off-duty Conduct from RudnerMacDonaldLLP Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Facebook (Opens in new window)Click to email this to a friend (Opens in new window)

Top 10 Employment Law Developments of 2016

One might think that by the year 2017, employment law would be settled and there would be few, if any, issues that are unpredictable or where the law is “open to interpretation”. That would be wishful thinking; 2016 included its share of new developments, surprising court decisions, and significant legislative developments. The reality is that as social attitudes evolve, the […]

Managing Attendance & Absenteeism: Hangout with Rudner MacDonald

Stuart takes questions on managing attendance and absenteeism in the workplace. Most employers want to flexible, but it can be hard to run a business when you don’t know who will show up for work. Do you have to give employees paid sick days? Can you require doctor’s notes? This and more, in this session. Click to share on Twitter […]

The Case of the Tempting Bagel

The recent passing of Halloween seems like a good time for a reminder that scary and even evil conduct on the part of employees is not necessarily just cause for dismissal. As my new Canadian HR Law Blog post chronicles, many employers fail to grasp that they cannot fire an employee for any misconduct, even if it upsets or frustrates […]

Dealing With Rogue CEOs Spiraling Out of Control

Donald Trump has, for better or worse (likely worse), captured the attention of the world. His behavior has been so inappropriate and offensive that many members of his own party have refused to support him. Many have accused Trump of tearing the party apart. Obviously, American political parties have their own rules and processes, and are not the same as […]

Refusing to Relocate: Just Cause for Dismissal?

It is not uncommon for an organization to move their offices, or to “transfer” an employee from one location to another. As discussed in our recent First Reference Talks blog post, sometimes, the move is across the street, while other moves are across the country or farther. What happens if an employee refuses to relocate? As we have discussed in […]

You Don’t Need to Have a Good Reason to Dismiss an Employee… Well, Usually Not

Generally speaking, the law in Canada is that employers can let an employee go at any time, for any reason, or no reason at all, as long as they provide the appropriate amount of notice or severance. There are some exceptions: you cannot dismiss someone based upon a ground protected by Human Rights legislation, and unionized workers have greater protection. […]

Just Cause for Dismissal: Teacher Fabricating Student Grades

The Ontario Court of Appeal has recently overturned the trial decision in Fernandes v. Peel Educational & Tutorial Services Limited, 2016 ONCA 468, finding that the private school did, in fact, have just cause to terminate the employment of Mr. Fernandes, a former teacher. The decision not only reverses the 12-month wrongful dismissal damage award, but alleviates the private school’s […]

Toronto Star Tragedy Shines Light on Perils of Office Romances

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