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Employers Can Exclude Days Spent on Maternity Leave for Purposes of Calculating Seniority for Casual Employees, the Human Rights Tribunal of Ontario Says
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November 2016

Employers Can Exclude Days Spent on Maternity Leave for Purposes of Calculating Seniority for Casual Employees, the Human Rights Tribunal of Ontario Says

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The seniority system used by an employer is a very important consideration for the employees, as it affects the employees’ pay, and often benefits and other aspects of the employer-employee relationship. In a recent case , the Human Rights Tribunal of Ontario ruled that a casual employee’s inability to accrue seniority while on maternity leave was not discrimination on the basis of sex. As such the Tribunal allowed employers to exclude the time spent on maternity leave for purposes of calculating seniority. In this case the employee was a casual education assistant for the employer. As a casual employee, she…

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Employees Must Give Reasonable Notice Before Quitting Confirms the British Columbia Court of Appeal

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While we often help employees who did not receive reasonable notice of termination from their employer, it is often forgotten that employees also owe a similar duty to provide notice to the employer before resigning. This common law duty was the subject of the recent case of Consbec Inc. v Walker. In this case, the BC Court of Appeal reaffirmed the existence of the duty owed by employees to the employer. In this case a 5-year manager of a company decided to suddenly quit without giving notice to the employer. The employee was the only person in charge of running…

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Court speaks on the enforceability of termination clauses and the mandatory minimums under the Employment Standards Act

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Generally employees must be provided with the minimum entitlements to notice, benefits and severance in compliance with the Employment Standards Act (ESA) upon termination without cause. If an employee is provided with less than what is required under this legislation due to their employment contract falling below those minimums, or failing to address those requirements altogether (e.g. failing to address the right to benefits continuation), the court will find those employment provisions void, and the employee will be awarded the right to common law pay in lieu of notice, which generally exceeds the legislative minimums. In the recent decision of…

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