Is the limit on the receipt of WSIB loss of earnings benefits unconstitutional because is discriminates on the basis of age? According to a decision of the Ontario Divisional Court, Gouthro v. Workplace Safety and Insurance Appeals Tribunal et al., 2014 ONSC 7289, the law is just fine.
An employment law blog.
Sean Bawden, Partner, Kelly Santini LLP.
email@example.com | 613.238.6321
Saturday, 3 January 2015
Court Says Age Limit on Receipt of WSIB Loss of Earnings Benefits is Constitutional
Wednesday, 31 December 2014
Stated Intention to Retire May Reduce Wrongful Dismissal Damages
Can publicly announcing one’s intention to retire from employment serve to reduce an employee’s entitlement to wrongful dismissal damages if the employee is later terminated without cause?
According to a decision from the Ontario Superior Court of Justice, Kimball v Windsor Raceway Inc, 2014 ONSC 3286, an employee’s stated intention to retire and therefore not look for new employment following termination "may well be relevant in assessing what constitutes reasonable notice.”
Sunday, 10 June 2012
E-mail Entitles Employee
Wednesday, 6 June 2012
Getting Time to Think
Sunday, 15 April 2012
Are Older Employees Entitled to More Severance?
Are older employees entitled to more severance?
While it is often repeated by Ontario employment lawyers that the ‘rough upper limit’ for notice periods is 24 months, baring “exceptional circumstances” (see e.g. Lowndes v. Summit Ford Sales Limited, 2011 ONCA 469), the case of Hussain v. Suzuki (2011), 209 A.C.W.S. (3d) 101 (ON SC) demonstrates that the employee’s advanced age can qualify as “exceptional circumstances” warranting a greater amount of reasonable notice.