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De Bousquet PC upholds employee’s right to 11 months’ pay in lieu of notice

Notice Period

De Bousquet PC upholds employee’s right to 11 months’ pay in lieu of notice

By Employment Law, In Lieu of Payment, Notice Period

Whether it’s getting sick or being stuck indoors all the time, the pandemic has been a stressful time for many people. Add to that being terminated from your job at the peak of the pandemic with no reference letter to boot, and anyone would find themselves in quite the pickle. Unfortunately, this is exactly what happened to one of our clients which recently won his case in Saini v Rosedale Transport Limited.  After 10 years of faithful service with his employer, Mr. Saini was laid off during the 2020 COVID pandemic. Not long after his layoff, he was terminated due…

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Just Cause and Appropriate Notice Period

By In Lieu of Payment, Just Cause, Notice Period

In Ruston v Keddco Mfg. (2011) Ltd., the Court of Appeal for Ontario considered the issues of just cause for employee termination and the appropriate notice period owed to the employee if the employer did not have cause to terminate? The Court found that the trial judge and the employment lawyers were correct in finding that the employer failed to prove just causation in terminating the employee. The Court also agrees with the trial judge’s award of a 19-month notice period. The trial judge applied the Bardal factors and emphasized important considerations, such as the appellant’s age (54), finding of…

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