What is the Maximum Amount of Reasonable Notice Under Ontario Law?

What is the maximum amount of reasonable notice, also referred to as severance, to which an employee dismissed in Ontario can be entitled under Ontario employment law? As at least one observer has asked, is the sky now the limit? See: Reasonable notice: The sky’s the limit?

The question was asked following the 2012 decision of the Ontario Superior Court in Abrahim et al v. Sliwin et al, 2012 ONSC 6295 (CanLII), in which the Honourable Justice Douglas Gray held, on an undefended default motion that, “I fail to see how a cap of 24 months, or indeed any maximum, is appropriate.”

It is Justice Gray’s decision that perhaps no maximum is appropriate that has led some to question that perhaps the sky is indeed now the limit.

Single, Childless Employees Have Human Rights Too

In a provocative article in today’s Washington Post, “Single, childless and want work-life balance? How taboo” columnist Jena McGregor argues that it is unfair for single, childless employees to be expected to carry the weight for employees with child care obligations.

It is unclear whether Ms. McGregor is aware of the recent Canadian Federal Court decision, which held that child care obligations are the sine qua non of “family status,” a protected ground on which employers cannot discriminate. If she was aware, she does not make reference to it. But the article does permit a consideration of the concerns that that decision raised.

Can I be Fired for Being Pregnant?

For a great number of working women it is one of the single greatest concerns, “Can I be fired for being pregnant?” There are, at least, nine questions embedded in that question:

1. Can I be fired for getting pregnant?
2. Can I be fired for being pregnant?
3. Can I be fired for taking pregnancy or parental leave?
4. What about my benefits while I am on leave?
5. What about my seniority?
6. Can I be fired while on pregnancy leave?
7. Can I be fired after returning from pregnancy leave?
8. How much severance should I get if I am fired?
9. What about EI?

While this blog has previously canvassed the topic of an Ontario woman’s rights in employment, (Fired After Maternity Leave and Are New Parents Entitled to Accommodation) this post will attempt to bring together, in one place, some comprehensive answers to this question of labour.

Expect Privacy? Put a Password on It.

This blog, as well as other employment law blogs, heralded the Supreme Court of Canada’s decision in R. v. Cole as a watershed moment for defining an employee’s rights to privacy with employer-provided technology.

However, as our friends at the criminal defence bar are quick to point out, Cole was a criminal case, decided mostly with reference to the Canadian Charter of Rights and Freedoms’ protection of the right to be secure from unreasonable search and seizure.

Last week the Court of Appeal for Ontario released another decision concerning Charter rights, and the right to search technology, R. v. Fearon, 2013 ONCA 106 (CanLII), and again, this employment lawyer cannot help but give it consideration notwithstanding the fact that it is, strictly speaking, a criminal decision.

Small Claims Court Judge’s Wrongful Dismissal Error Results in Redo

When the monetary limit of the Ontario Small Claims Court was raised from $10,000 to $25,000 on January 1, 2010, small claims became a big deal to most Ontario employment lawyers. $25,000 is not an insignificant amount of money, and a lot of wrongful dismissal cases can be reasonably worth between $20,000 - $30,000. Given the costs of a Superior Court action, both in terms of actual dollars and time, litigating a case in the Small Claims Court and waiving one’s entitlement to damages in excess of $25,000 can make a lot of sense.

It is for those reasons that it is important that our Small Claims Court Deputy Judges, and those appearing before them, have a solid understanding of employment law issues. One of the most fundamental of issues is when an employer will have just cause to terminate an employee without the provision of notice or payment in lieu thereof.

Setting Co-Worker on Fire Not Just Cause for Dismissal

(c) istock/leolintang

Is setting your co-worker on fire “just cause” for termination? “No”, says a decision from a British Columbia Labour Arbitrator.

Lack of Concrete Time Limit in Non-Competition Clause Unreasonable

The Court of Appeal for Ontario has ruled that a non-competition and non-solicitation agreement used by a construction company was unenforceable because the applicable time limit was not concrete.

In Martin v. ConCreate USL Limited Partnership, 2013 ONCA 72 (CanLII), released February 5, 2013 the Court of Appeal reversed an earlier Application decision, 2012 ONSC 1840, of the Honourable Justice Paul Perell, who had found the agreements enforceable.