The answer to the question posed by the title of this week’s blog is, in short: yes, it can. Of course, that doesn’t mean that it always will.
A judge of the Ontario Superior Court has confirmed that laying an employee off is a constructive dismissal, even during a pandemic.
Is pregnancy at the time of dismissal a relevant factor? According to one recent Ontario decision, the answer is yes.
Not So Fast!: Court Requires Proof of Hardship Caused by Pandemic to Extend Reasonable Notice Period
In Marazzato v Dell Canada Inc., the Ontario Superior Court of Justice provided further commentary on the issue of how the COVID-19 pandemic will impact assessments of reasonable notice at common law.
In recent years, Equity, Diversity and Inclusion (EDI) have come to the forefront and its importance became more widely accepted in theory. However, some organizations pay “lip service” to the concept without actually making meaningful changes, and others would like to make a positive difference but aren’t sure how.
Fired Whilst Pregnant: Employee Gets Five Months Pay In Lieu of Notice for Just Four and Half Months Work
In the recent case of Nahum v. Honeycomb Hospitality Inc., the Ontario Superior Court of Justice confirmed that an employee’s pregnancy is a factor that should be considered when determining reasonable notice upon the termination of their employment.
This vlog was inspired by a very simple question: can you be fired for refusing to do what your boss asks you to do? Is that insubordination? What is insubordination anyways?
No one could have imagined a year like the one we have experienced, but here is our summary of some of the most significant Employment Law developments in 2020.
Many Canadian judges are reluctant to find that just cause for dismissal exists, as the consequences for employees are so harsh. However, as we often say, “just cause is not a lost cause.”