In most jurisdictions in Canada, employees who are dismissed without cause are entitled to notice or pay in lieu of notice (called Termination Pay in some provinces) which increases based on their years of service with their employer. The Canada
Rudner Law
At Rudner Law, we recognize that the employment relationship is an interpersonal one, not unlike a marriage. That is true whether we are talking about a multi-national corporation, an owner-operated startup, a family business or a not-for-profit organization. And interpersonal relationships are complicated. We are talking about your livelihood, your business, and the place where you spend most of your day. You want to be sure that you understand your rights and obligations. That’s where we come in.
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Appealing Court Decisions
By Alex Minkin
In the context of employment law, only a small percentage of cases go all the way to trial. Many jurisdictions provide for mandatory mediation, and the Rules of Civil Procedure contain many incentives for the parties to reach a settlement…
Amending Pleadings
By Alex Minkin
If you are an employee bringing a lawsuit against your former employer, or if you are a company that is a defendant in a lawsuit, then the facts and legal questions that the Court needs to determine will be defined…
Mass Terminations: Telus Cutting 6,000 Jobs
By Nadia Zaman
Telus Corp. recently announced that it is cutting 6,000 jobs. Other telecommunication giants have also reviewed their workforces in recent months, including Bell and Rogers Communications Inc., so perhaps more terminations are on the horizon. As we have seen…
Default Proceedings? Not So Fast!
Let’s assume you commence a legal action, and the defendant doesn’t bother to defend; does that mean that you simply get what you claimed without having to go through the litigation process?
Not quite. It does means you will be…
Non-solicitation clauses – what they are and what they are not.
By Rudner Law
Imagine this: You’ve recently graduated from professional schooling and just had a fantastic interview with a potential employer. Things went really well! They’re offering you a position with their company that includes an amazing salary supplemented by generous benefits. You’re…
Successor Employer: Court Found Asset Purchaser Had “Going Concern”
There are two ways for a company to change hands:
As we have previously written, from an employee’s perspective, the main difference between the two is their relationship with the company…
The Dangers of Fixed Term Contracts
We have previously noted that employers need to exercise caution when utilizing fixed term contracts. A recent decision of the Ontario Court of Appeal is an important reminder of how costly such agreements, when not used correctly, can be…
Dismissing Employees with Medical Issues
Can an employee who discloses a medical issue, or who goes on a medical leave of absence, be dismissed? Contrary to popular belief, the answer is yes. However, to avoid liability, the employer must be able to show that the…
Enforcing Settlements
By Alex Minkin
Most legal disputes in Canada result in a settlement. Even when the parties are unable to resolve their differences at an early stage and are forced to proceed to litigation, it is far more likely than not that the parties…