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Category Archives: Severance

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 […]


Wood v Deeley: Court of Appeal Strikes Down Termination Clause

The ongoing saga of judicial  interpretation of termination clauses continues: yesterday, the Ontario Court of Appeal released its long-awaited ruling in Wood v Deeley. The Court overturned the lower court decision and struck out the clause in question. The outcome has the potential to have a wide-ranging impact on how employment agreements and termination provisions are drafted and enforced in Ontario. […]


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 […]


Constructive Dismissal Requires Employees to be Reasonable

Constructive Dismissal is one of the most difficult concepts in employment law. As opposed to receiving a termination letter or being told “you’re fired”, determining whether a constructive dismissal occurred requires a fact-specific inquiry. The leading Supreme Court of Canada authority on constructive dismissal continues to be the 1997 decision of Farber v. Royal Trust Co., which explains that: A […]


Don’t Severance Yourself Just Yet

As my recent First Reference Talks blog post discusses, it appears that the saga of judicial interpretation and consideration of termination clauses will continue, with predictably unpredictable results. The Default: Reasonable Notice of Dismissal Without Cause As regular readers will know, the common law provides that in the event of dismissal without cause, employees are entitled to “reasonable notice”. Every […]


Been let go? Don’t leave money on the table

Several years ago, I was speaking with a man that had been let go from his job as a Senior Sales Manager after 11 years of service. He quite happily told me that he had been treated very generously by the company, which had offered him a severance package worth 12 months. Upon further examination, however, it became clear that […]


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. […]


The Do’s and Don’ts of a Workplace Romance

Let’s face it: it was adorable when Doctors Meredith Grey and Derek Sheppard went from being colleagues to being a really good looking couple on Grey’s Anatomy, or when Jim finally asked Pam out on The Office. The fact is, however, that real-life workplace romances are fraught with potential legal complications – both for the employer and the employees involved. On […]


Presentation – The Do’s and Don’ts of Workplace Romance

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