Notice Award Greater than 24 Months

Notice Award Greater than 24 Months

When an employee is terminated without cause, they are offered a severance package. While many people believe that common law notice is generally one month per every year of service, this is not entirely accurate. In determining what the common law notice period is, a...
Is CERB Deductible from Wrongful Dismissal Damages?

Is CERB Deductible from Wrongful Dismissal Damages?

To help millions of Canadians, the Federal Government started the Canadian Emergency Response Benefit (CERB) program, which provided recipients with funding while they were unable to go back to or find new work. A portion of the CERB recipients was also terminated....
Terminating Probationary Employees: Canada (AG) v Alexis

Terminating Probationary Employees: Canada (AG) v Alexis

This decision concerns the termination of a public sector employee and the interplay between two pieces of legislation: the Federal Public Sector Labour Relations Act and the Public Service Employment Act. The legal principles discussed herein may not be relevant...
Unfair Investigation Leads to Termination: Rejected by Courts

Unfair Investigation Leads to Termination: Rejected by Courts

On March 7, 2019, Mr. Czerniawski had an argument with a co-worker. The encounter quickly became heated. Emotions were high, voices were raised and, allegedly, threats were made. Mr. Czerniawski was instructed to leave the work premises but refused to do so. Police...
Successor Employers and Reasonable Notice Periods

Successor Employers and Reasonable Notice Periods

In the event of a termination without cause, employees are generally entitled to a reasonable notice period. The purpose, of course, is to provide dismissed employees with an opportunity to find alternative suitable employment. At common law, reasonable notice periods...