The courts in Canada have repeatedly emphasized that in order for an employee's resignation to be effective, it has to be clear, unambiguous, and voluntary.
If you've been given a severance offer, it can be risky to engage in informal negotiations with your former employer, because you risk entering into an agreement that won't be favourable to you.
Our human rights legislation is very clear: you cannot discriminate on the basis of citizenship or country of origin, so you should never have a field on your application form that asks where they're from, you should never be asking whether they are Canadian citizens, and you should never ask that in the hiring process at all.
Termination clauses have had an ongoing saga in our courts with people challenging them and trying to avoid the implications of what they signed, which can have tremendous implications.
As employment lawyers, we see every day the impact that mental health has on the Canadian workplace.
It’s now 2019, and while Me Too is part of our vocabulary now, you may not hear it every day. But that doesn’t mean that it isn’t still making news.
Passmore and Illumiti Inc., which was released in November of last year, and is helpful for both employers and employees as it reviews the types of remedies that may be available through the tribunal, as well as how damages are assessed.
If the employee is entitled to reasonable notice under the common law, then the employee has a duty to mitigate their damages, which means that they have a duty to take reasonable steps to find comparable employment.
The most common requirements for an employee to be eligible for severance pay is that the employer must have a payroll of at least $2.5 million, and the employee must have been employed for at least 5 years.
We are dealing with investigations more and more often in the context of employment or HR law, and the reality is, as we often tell our employer clients, you cannot impose discipline, especially dismissal, until you investigate.