Probationary Period At Work

Probationary Periods

In the recent case of Van Wyngaarden v Thumper Massager Inc., the Ontario Divisional Court confirmed that unless a dismissal is in bad faith, an employer is entitled to dismiss an employee during the probationary period without cause and without notice.
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Termination Clauses

Termination Clauses

Over the past few years, we have seen countless cases in which dismissed employees have argued that, for one reason or another, they should not be held to the terms of the termination clause in their employment agreement. While the cases have taken a variety of approaches and made it difficult to identify a guiding principle that would withstand the next decision, the recent trend seems to be a willingness to enforce the intent of the parties.
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Impaired Driving And Employment

Drinking and Driving May NOT be Cause for Dismissal

Previous court decisions have confirmed that an employee’s conduct outside of work may form the basis for the termination of their employment. However, not all misconduct outside of work will constitute just cause, as confirmed in the recent British Columbia Supreme Court case of Klonteig v. District of West Kelowna, 2018 BCSC 124.
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Negotiating the severance package

In many dismissals without cause, the parties engage in extended negotiations regarding the severance package that the dismissed employee will receive. If negotiations fail, litigation may ensue. Where there is no enforceable termination clause in place, there is ambiguity regarding…

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Terminating a Fixed-Term Contract of Employment

In previous blog posts, I have discussed the dangers of Fixed-term Contracts, The Hidden Risks of Fixed-Term Contracts of Employment , and When a fixed-term contract isn’t. One of the points that has repeatedly been made is that if a fixed-term contract does not…

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