Discipline and Dismissals - Articles & Videos

Our 2024 Year in Review continues. We are in an HR Law Era where our courts remain concerned with the power imbalance in the employment relationship and will find ways to help employees.

Our HR Law Eras Tour “set list” takes us through 2024’s notable decisions and developments, with the goal of providing employers and employees with a map of the current landscape that allows them to navigate the challenges ahead.

There is a fairly widespread myth that dismissed employees are entitled to one month of notice per each year of service. However, there is no formula for calculating common law entitlements, and the length of reasonable notice that an employee is entitled to depends on many different factors, not just the length of service. In some cases, the entitlement can be far more than you might think.

Employment is a legal relationship. The good news is that this means you can protect yourself in the event of a layoff.

Employees who are induced, then subsequently dismissed, are entitled to an extended notice period, similar to how seasonal employment would extend a notice period.

While seasons matter in employment law, good contracts are evergreen. This is true even for seemingly temporary seasonal employees.

Employers of all stripes make similar mistakes by assuming that because the ESA requires no notice for employees with less than three months of service, they are “probationary” employees and thus have no obligations towards them.

Whether you are an employer or an employee, you have rights and obligations at each stage of the relationship and you do not have to necessarily “tolerate” ghosting from the other side.

In the recent decision, the Ontario Superior Court of Justice provided another reminder that saving provisions in an employment agreement will not save a termination provision which violates, or has the potential to violate, the requirements of the Employment Standards Act, 2000.

Constructive dismissals are like onions – they have many layers. Whether you are an employee or an employer, you should consult HR counsel.