Slapping incident not enough to terminate employee for cause

February 03, 2013 0 COMMENTS

By Karen Sargeant

We all know proving cause for termination in Canada is difficult. Poor performance rarely equates to cause. And employees seem to be entitled to warnings in most cases. But surely it is cause if an employee slaps another. Not so, according to one Ontario judge in Shakur v. Mitchell Plastics. read more…

What’s Reasonable Notice for Short Service Employees?

September 21, 2009 0 COMMENTS

By Derek Knoechel and Lindsey Taylor

One of the principle features of Canadian employment law that strikes many U.S. employers as unique is the concept of an employee’s common law right to reasonable notice of termination when an employee is fired without cause.

Compliance with the minimum statutory requirements for notice, termination pay, and/or severance pay contained in employment standards legislation across the country generally isn’t sufficient to extinguish an employer’s obligations to provide reasonable notice. That’s because the courts have repeatedly held that minimum standards aren’t “reasonable.”

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