Written by Rhonda Shirreff and Ryan Edmonds In Part 1 of our “Mind the Gap” trilogy, we explained how employers can use contractual termination provisions to avoid falling into the common law notice “gap” when employees exit the company. In Part 2, we discussed consideration and timing for introducing existing employees to written employment contracts. But…
Written by Rhonda Shirreff and Ryan Edmonds In Part 1 of Mind the Gap we explained how termination provisions in employment contracts can limit liability vis-à-vis dismissed employees by creating manageable and predictable termination costs for your organization. In this second installment of our terminations trilogy, we will discuss best practices for transitioning an incumbent…
A recent case out of Quebec discusses the level of procedural fairness that may be owed during a workplace investigation for a public institution. In Ditomene c. Boulanger, two employees at a CEGEP (a public school) filed a complaint of psychological harassment under Quebec law against their superior, Mr. Ditomene. The CEGEP retained Ms. Boulanger…
Written by Rhonda Shirreff and Ryan Edmonds Just as commuters are urged to “mind the gap” when stepping from a subway platform onto an outbound train, so too employers are reminded to do the same when contemplating an employee’s departure from the company. The “Gap”: What Falls Between Common Law and Statutory Termination Pay In the…
In a much-anticipated decision about random alcohol testing in hazardous unionized workplaces, a majority of the Supreme Court of Canada decided that Irving Pulp & Paper Ltd.’s unilateral implementation of random alcohol testing for employees in safety-sensitive positions was an invalid exercise of management rights. For a link to the decision click here. Facts Irving Pulp…