Discipline and Dismissals - Articles & Videos
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.
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?
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.”
Recently, the Supreme Court of Canada denied leave to appeal in Waksdale v Swegon North America Inc (Waksdale), which means that the Ontario Court of Appeal's decision remains the law in Ontario.
I’ll qualify that statement: performance and merit are not relevant when it comes to assessing your entitlement to notice of dismissal or severance. In fact, they are also irrelevant with respect to whether you can be dismissed at all.
We have frequently been asked what an employer is supposed to do if a staff member does not follow COVID-19 guidelines. We now have an arbitral decision.