Departure & Terminations
Administrative Structure
The Employment Standards Branch, the Director of Employment Standards and the Employment Standards Tribunal are the agencies responsible for the administration of the Employment Standards Act.
Termination Without Cause: Determining Reasonable Notice
An employee is entitled to a certain amount of notice (or pay in lieu of notice) when their employment is terminated without cause. Terminating an employee without just cause can be complex. Employers should be careful in making determinations about the amount of notice provided to a terminated employee in order to avoid claims for wrongful dismissal.
Prohibition of Mandatory Retirement
Effective January 1, 2008, the definition of age in the Human Rights Code changed from “an age of 19 years or more and less than 65 years”, to “an age of 19 years or more”. The effect is to provide employees with the choice of whether to continue working past age 65 and to allow claims of discrimination in employment if employees are required to retire at age 65.
Supreme Court of Canada Expands Application of Constructive Dismissal Doctrine
In 2015, the Supreme Court of Canada revisited the law on constructive dismissal, which has had significant consequences for employers.
Just Cause and Performance Management: A Legal Perspective on Employee Dismissal
The message from the courtrooms is crystal clear: when it comes to establishing just cause for performance-based concerns, effective performance management programs are critical. Employees must be given clear direction, clear warnings and opportunities to improve.
Undue Hardship
When referring to an employer’s duty to accommodate to the point of "undue hardship," the use of the word undue implies that some hardship is acceptable. Indeed, some hardship is generally expected in the accommodation process. It is only undue hardship that exhausts an employer’s duty to accommodate.
Sometimes An Apology is Sufficient to Settle Employee Complaints
Articles like this one, which highlight large awards of damages in employment cases, might leave the impression that money is the only way to solve workplace disputes.
Unfair Labour Practices and Employer Communication
Because every employee is entitled to join a trade union and participate in its lawful activities, the Labour Relations Code prohibits any conduct that might interfere with this right. Anyone who engages in such prohibited conduct is said to have committed an unfair labour practice. Employers should note carefully what they can and cannot say or do during a union organizing campaign or collective bargaining.
Bona Fide Occupational Requirement
As an employer, you may lawfully discriminate, based on an otherwise prohibited ground, if you can prove legitimate business reasons. However, you must be able to demonstrate that the workplace rule, policy, standard or criteria relied upon is a "bona fide occupational requirement."
Workplace Harassment: Investigating an Internal Complaint
One of your employees has complained about harassment by a manager and you have decided to investigate the matter. This article contains tips to help you conduct the investigation.