Discipline and Dismissals - Articles & Videos

A recent unpublished decision of the Ontario Superior Court of Justice determined that simply saying that the employer can implement a without cause dismissal at its “sole discretion” and “at any time” is sufficient.

In most industries, there is no rule requiring new service providers to hire the employees of previous providers, and any severance obligations are the responsibility of the company that acted as the employer.  However, the Employment Standards Act, 2000 and Ontario Regulation 287/01 contain special rules for employees of building services providers.

What happens if someone is in jail and can’t make it to work? Can they be fired? Or is their contract of employment frustrated? Or does the employer have to keep their job open for them?

In Leason v. ADAMANDA INC. o/a Dairy Queen Grill and Chill, Huntsville, the applicant brought a reprisal complaint against the respondent employer. In that case, conduct that might have been unlawful in most cases was found not to be, because the parties were all related.

Can an employer assert just cause for a dismissal that happened years before? Here’s one case where facts came to light after the dismissal.

Significant changes to the Canada Labour Code are taking effect as of February 1st, 2024 which will impact federally regulated employers and employees.

A dismissed employee’s damages are subject to mitigation and any income they earn during the common law notice period is to be deducted from the damages owing from their former employer.

What can an employer do if one of their employees makes inappropriate comments online or participates in protests or assemblies which espouse offensive views?

Terminating a fixed term contract can result in significant liability for a company, even when that contract is for an independent contractor rather than an employee.

A recent decision out of Alberta held not only that an employer had cause to terminate the employment of its President and CEO, thus fully defeating his claim for wrongful dismissal, but also that the executive was personally liable for damages.