September 30, 2002

Reasonable notice for part-time employees

Question: Is there any difference in the calculation of reasonable notice for a part-time employee as opposed to a full-time employee? Answer: The case law suggests that the calculation of reasonable notice should be the same regardless of whether the employee works part time or full time. The courts have held that an employee can…

September 23, 2002

Safeguarding directors from liability

Add employee expenses to payments directors are personally on the hook for When Sahelian Goldfields Inc. declared bankruptcy, employees were left in a bind. Staff had signed employment contracts promising reimbursement for all reasonable expenses incurred in the course of their employment, including food and travel expenses. However, at the time of the bankruptcy the…

September 18, 2002

Downsizing a Worker on Maternity Leave

Question: My company is going through a massive downsizing. We are not unionized, so we do have discretion regarding whom we will terminate. One of our employees is pregnant and on maternity leave. If she were not pregnant, it is clear she would be the logical candidate to terminate. Am I obligated to keep her…

September 18, 2002

Is Emergency Leave Different from Sick Days?

Question: I am aware that under Ontario ’s Employment Standards Act, 2000, our company is required to provide 10 days of leave to our employees for emergency time off. Are these days in addition to the regular paid sick days that our company already gives to employees? Answer: In Ontario , employers who regularly employ…

September 18, 2002

Mental Suffering Damages

Damages for mental suffering back on the table Background The landmark Wallace decision in 1997 seemed to spell the end of claims for mental distress related to termination, setting the precedent that employees were not entitled to damages for any mental anguish that losing a job may bring. The recent Prinzo decision puts damages for…

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