Section 54 of the Ontario Employment Standards Act requires that employers in the province must provide either notice or pay in lieu of notice, up to a maximum of 8 weeks, if they dismiss an employee (except in cases of serious employee misconduct).
Vey Willetts lawyer Andrew Vey recently authored an article in the May 2017 edition of HR Update entitled, "Just Accommodate Me: Legal Obligations in the Accommodation Process." The article considers the roles that the employer, the employee and the union (where present) are required to play in ensuring that reasonable accommodation in the workplace is provided.
Beyond providing fair severance, one of the best things an employer can do to help a dismissed employee is to offer assistance in finding a new job. This assistance could include outplacement support, speaking with industry contacts and/or offering to provide references to prospective employers, if required.
The Lawyer’s Daily quoted Vey Willetts' Paul Willetts in a May 26, 2017 article titled “Changing Workplaces Review may spur sweeping labour law changes in Ontario.” The article explores the recommendations set out in the Changing Workplaces Review Final Report and how these changes, if implemented, may affect Ontario employees and employers.
A recent decision from the Ontario Court of Appeal, Roberts v. Zoomermedia Limited, dealt with the unusual situation of a defendant employer arguing that its own contractual termination provision was unenforceable and thus the plaintiff employee was entitled to common law reasonable notice. Employees frequently challenge the enforceability of a termination provision to seek common law notice, however, it is rare that an employer would do the same.
Last month, The Advocates' Quarterly published an article by Vey Willetts' lawyer, Paul Willetts. Willetts' article, entitled "Punitive Damages in Morison v. Ergo-Industrial Seating: The New 'Wallace Bump'?", looks at whether the Ontario courts are increasingly using punitive damages as a vehicle to award former employee's compensation for "bad faith" employer conduct in dismissal, as aggravated damages (arguably the appropriate vehicle) are more difficult to attain.
A recent decision from the Ontario Superior Court of Justice touches upon a little discussed area of employment law. Specifically, when does the limitation period clock start running for a claim of wrongful dismissal?