Employment contracts, termination clauses, and itchy trigger fingers

June 28, 2015 0 COMMENTS

by Bruce R. Grist

As there is no employment at will in Canada, most employment lawyers in Canada who act for employers recommend that employers use employment contracts to govern the employee’s relationship with the employer. If there is an employment contract and the employer wishes to terminate the employee’s employment or the employee wishes to resign, the parties’ obligations are clearly set out in the contract.

Properly drafted employment contracts prevent the uncertainty that arises with respect to termination of employment and “reasonable notice.” read more…

When time is the very essence of your job, best not be late …

April 28, 2013 0 COMMENTS

By Michel Bellemare

Every job has its own peculiarities. What might be a minor shortcoming in one type of employment could be catastrophic in another. This is especially true when the breach touches on the very heart of the duties assigned to an employee. This, at least, is what an employee learned in a recent Quebec case: M.M. v. Nova Bus. (2013 QCCS 1152; decision available in French only). read more…

Does Temporary Layoff Result in Right to Severance Pay?

December 21, 2009 0 COMMENTS

By Derek Knoechel

In early 2008, the owner of a dental practice, having recently purchased the business, faced some difficult choices. Given what appeared to be a temporary downturn in revenues, the owners decided on a temporary layoff.

While permitted by employment standards laws, the employer in the recent case of Besse v. Dr. A.S. Machner Inc. found out that the courts considered the layoff to amount to a termination of employment. The employment standards law didn’t provide a right to impose a temporary layoff – at least not without triggering all the severance rights the courts normally accord terminated employees.

read more…