by Malcolm MacKillop | Jul 5, 2018 | Blog, Employment Law
Downsizing a company’s workforce is a tough process and can also be quite expensive, both as a result of severance payments and wrongful dismissal lawsuits. One option for reducing or eliminating litigation costs is to make the payment of severance conditional on...
by Malcolm MacKillop | Jun 4, 2018 | Blog, Employment Law, Malcolm MacKillop
Employment litigation is highly contentious and issues are often determined on the basis of credibility: in a “he-said-she-said” situation, the more believable party will succeed. Employers can avoid such a situation by retaining and maintaining the integrity of their...
by Malcolm MacKillop | May 1, 2018 | Blog, Malcolm MacKillop
A tort, in common law jurisdictions, is a civil wrong that causes another individual to suffer loss or harm and results in legal liability for the person who actually committed the tortious act. In the case of Jones v. Tsige (“Jones”), 2012 ONCA 32, the Ontario Court...
by Malcolm MacKillop | May 1, 2018 | Blog, Malcolm MacKillop
The decision by the Ontario Court of Appeal in Love v. Acuity serves as a reminder for employers that caution should be exercised when setting a notice period. The simple rule to follow is that you need to tailor-make each individual notice period to the specific...
by Malcolm MacKillop | Apr 10, 2018 | Blog, Malcolm MacKillop
A recent decision out of the Court of Québec Criminal and Penal Division indicates that directors and supervisors could face jail time where criminal negligence results in a fatal workplace injury. In R. c. Fournier, 2018 QCCQ 1071, the president of an excavation...
by Malcolm MacKillop | Apr 10, 2018 | Blog, Employment Law, Malcolm MacKillop
Lateness and absenteeism can justify dismissal when the conduct of the employee is found to have amounted to “willful disobedience” of an employer’s order or policy. In determining whether the lateness or absenteeism amounts to just cause for termination, the court...
