Employer finance not a reasonable notice consideration

Posted by Johannes Schenk on October 2nd, 2017 — Posted in Employment Law, Labour Law

Michela v. St. Thomas of Villanova Catholic School, 2015 ONCA 801 (CanLII), restates the rule that employer finances do not factor into calcu;lating reasonable notice.

Safety Concerns and Human Rights

Posted by Johannes Schenk on September 27th, 2017 — Posted in Employment Law, Human Rights Law, Labour Law

Singh c. Montréal Gateway Terminals Partnership (CP Ships Ltd./Navigation CP ltée), 2016 QCCS 4521 (CanLII), concerns balancing human rights considerations with safety concerns. The stevedoring work environment requires hard hats and safety concerns in that environment overrule human rights considerations.

26 Months Reasonable Notice Awarded

Posted by Johannes Schenk on May 15th, 2017 — Posted in Employment Law, Human Rights Law, Labour Law

Source: CanLII – 2016 ONCA 79 (CanLII)

Keenan v. Canac Kitchens Ltd., 2016 ONCA 79 (CanLII), concerns the notice period awarded to long term, 60 year old sales and service representatives. There is no 24 month cap on notice periods.

No Without Cause Dismissal for Federal Employees

Posted by Johannes Schenk on May 15th, 2017 — Posted in Employment Law, Labour Law

Source: CanLII – 2016 SCC 29 (CanLII)

Well that answers that. Federal employees don’t get let go with notice or severance pay and they have a right to re-instatement and back pay.

Probationary Employee Rights

Posted by Johannes Schenk on January 16th, 2017 — Posted in Employment Law, Human Rights Law, Labour Law, Uncategorized

Ly v. British Columbia (Interior Health Authority), 2017 BCSC 42, deal with probationary employee termination rights. Surprising that this case was actually litigated given the very small amount the claim was worth. Employer termination rights are limited and the employee must be given a fair and reasonable consideration.