The Ontario Superior Court recently held that a dismissed employee who received Canada Emergency Response Benefit (CERB) payments immediately following his dismissal should not receive less in wrongful dismissal damages on account of the fact he received the emergency benefit.
The decision underscores the point that CERB does not affect an employer’s post-termination
French President Emmanuel Macron implemented a significant reform of the French employment code in late 2017, with the intention of providing employers greater flexibility and predictability in managing labour relations.
One of the most controversial measures was the creation of a grid applicable to the amount of indemnities due to employees for unfair dismissal, setting
The beginning of summer break for students across Ontario also means the release of their final grades. While student evaluation is only one part of a teacher’s job, it is crucial for the integrity of the school system and for students’ post-secondary education opportunities. In the recent decision Fernandes v Peel Educational & Tutorial
In a time where social media is everywhere and a business’s reputation means everything, employers continue to try and understand how certain posts on social media can justify an employee’s termination in the appropriate circumstances.
In MacKinnon v Helpline Inc., the Court ruled that an employee’s private, non-confidential, off-duty communications via Facebook
Employees in the United States are generally considered employed at-will in most jurisdictions, meaning that either the employee or the employer can terminate the relationship at any time, for any reason or no reason at all, without providing notice. The general rule gives way, however, in limited circumstances which trigger certain federal (and potentially state-specific)
In the UK, an employee’s notice rights are governed primarily by the terms of the employment contract but are also subject to the statutory right to a minimum period of notice dependent on length of service.
Notice will usually be required to terminate the employment contract lawfully. Exceptions to this, where there are lawful grounds
Both the Québec Charter of Human Rights and Freedoms (Québec Charter) as well as the Canadian Charter of Rights and Freedoms (Canadian Charter) provide for the right not to be discriminated against on the ground of age. In the context of employment, the Québec Charter prohibits discrimination based on age with respect to the hiring
In August 2011, the British Columbia Court of Appeal held that pension benefits received by an employee during the reasonable notice period were not to be deducted from wrongful dismissal damages for that period: 2011 BCCA 337. A 7-member majority of the SCC agreed with that approach in IBM Canada Limited v Waterman, 2013 SCC
When job redundancies arise in an organization, whether as result of a merger, restructuring, or downsizing, employers need to remain aware of duties under human rights legislation, such as the Ontario Human Rights Code.
To meet these expectations, an employer’s decision regarding which employees will lose their jobs can not be tainted in any
The German Federal Labour Court recently decided that dismissals for redundancy reasons can be made even if free positions are available at another business unit abroad.
In the case at hand, an employer decided to move its production from Germany to the Czech Republic. Only the administration department remained in Germany. Thus, the employer dismissed