News, Cases & Articles

What is Just Cause?

My last post was about notice or pay lieu of reasonable notice, which employers must provide to employees if their employment is terminated without cause. However, what if there exists just cause for termination?According to the common law, just cause may relieve an employer from having to provide an employee with notice or pay in lieu of notice of termination (however, earned wages, vacation pay and pension benefits may still be due and owing). Read more →

What is Reasonable Notice?

As an employment lawyer I am often called upon to determine the appropriate amount of reasonable notice of termination of employment without cause* in a non-unionized workplace.

In other words, whether my client is an employee or employer, he or she wants to know how long one has to pay an employee who is fired.

Firstly, let’s be clear about what reasonable notice is not:

With one important exception, discussed below, when dealing with workplaces under provincial, rather than federal, jurisdiction**, reasonable notice is not merely the provincial statutory minimum notice of termination (such as can be found in section 57 of Ontario’s Employment Standards Act)***. Many employers and employees, when faced with this issue, simply contact the provincial Ministry of Labour to learn about the statutory minimum, but they mistakenly end the inquiry there. Read more →

How to Sabotage a Mediation: An Impractical Guide for Lawyers

The following article also appears on the Canadian Lawyer Magazine website.

 

MEMO

TO: Very Junior Associate

FROM: Senior Partner

RE: Oil v. Water – Mediation

There is a mediation scheduled for this case next week. I believe that it is either mandatory under the Rules of Civil Procedure or, in a moment of rare weakness, I reluctantly agreed to it.  I would like you to attend at the mediation in my place. I’ll be golfing. Attached is the file comprised of ten banker’s boxes of documents for you to quickly review. Read more →