Latest from Stacey R. Ball Blog

Ideally, you would never resign from a job unless you were absolutely sure that you wanted to. But mistakes happen. Is it possible to “take back” (or rescind) your resignation after it has already been given? Submitting a Valid Resignation In order for this issue to even arise, you must have submitted a resignation. However, a resignation must meet certain requirements to be enforceable in the first place. If your resignation was not valid…
If your employment has been terminated without cause, you are entitled to either a notice period or to pay in lieu of such notice. The amount of notice varies depending on a number of different factors including your age, character of employment, and length of service, among others. In a decision earlier this year, the British Columbia Supreme Court considered another factor: inducement by your employer. That case was Younesi v. Kaz Minerals Projects…
Duty to Mitigate Overview Once dismissed, an employee assumes the duty to mitigate. This means they are expected to minimize their losses by making reasonable attempts to find alternative employment. The entire purpose of granting employees a reasonable notice of termination and notice period is to enable them to find new employment. It is only reasonable, therefore, to expect that they use their notice period actually searching for new employment. Importantly, the employee is not…
In response to the COVID-19 Pandemic, the Canadian government introduced the Canada Emergency Response Benefit (CERB). The goal was to provide financial support to employed and self-employed Canadians directly affected by the pandemic. Eligibility required, among other things, that applicants had stopped working as a consequence of the pandemic and did not quit their jobs voluntarily. If eligible, applicants could receive $500 a week for a maximum of 28 weeks (i.e., applicants could receive a…
It is hard to imagine a time where a steady income is more important than when you are bringing a child into the world. Being fired is already a stressful experience. Being fired while pregnant makes everything much, much worse. Thankfully, it appears Ontario Courts are aware of this. In a recent decision, discussed below, the Ontario Superior Court of Justice found that pregnancy may lengthen the notice period an employee is entitled to under…
Employment contracts are complicated documents. They need to be just right. Any mistake, however small, could potentially be catastrophic. Entering the wrong words, even so much as two, can have serious consequences. In Lamontagne v. J.L. Richards  Associates Ltd., 2021 ONSC 2133, a recent Ontario decision, this is exactly what happened. At issue in this case was the enforceability of a termination provision. Background Facts Ms. Lamontagne was the employee in this case. She was…
That’s it – you’ve had enough. You’re ready to quit your job. You know you’re supposed to tell your employer beforehand, but you’re not sure exactly when you’re required to do so. It is commonly believed that two weeks’ notice is required. However, this is not necessarily the case. As we will see, some employees may be required to give notice much further in advance than just two weeks. Is Notice Required At All? Just…
As an employer, you will come to find that there are many different kinds of employees. Some are hardworking, reliable, trustworthy and dependable. Others are not. You might decide that your business would be better off without employees who are unreliable, untrustworthy, underperforming and thus not dependable – in other words, incompetent. Of course, in Ontario employers are entitled to terminate their employees for any reason provided they are given either reasonable notice of termination
Even if you are happy with your current job, a day might come where you must choose between the job you have and a job being offered to you. This is already a difficult decision to make. It can become more difficult when you begin to wonder what your current employer might do if they found out. You might wonder whether or not they could fire you for receiving the job offer. Can they fire…
What is Insubordination? Insubordination, or disobedience, occurs where an employee intentionally refuses to obey an employer’s lawful and reasonable order. That order must be within the scope of the employee’s job duties. Examples of insubordination might include: a) Refusing to comply with an employer’s reasonable order to return to work; b) Consistently failing to arrive to work on time; c) Consistently abandoning your shift without permission; d) Refusing to carry out a necessary order when…