In previous posts I have dealt with termination of employment in the context of where an employer explicitly intends to dismiss an employee. However, there are situations where an employer may not form an intention to dismiss an employee but, by its actions, is deemed at law to have done so. This is known as constructive dismissal. Read more →
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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 →