LAW 529 Lecture Notes - Lecture 7: Wrongful Dismissal, The Globe And Mail, Punitive Damages
4 Dec 2016
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Minimal statutory intervention esa requires minimum statutory notice ( or payment in lieu) and for certain employees, statutory severance. Onus is on the employer to prove, on a balance of probabilities, that it had legal just cause to terminate the employee. Courts are generally reluctant to find just cause. Termination motivated by a prohibited ground of discrimination under the hrc. Employer is liable under the esa (minimum notice/payment in lieu/ statutory severance) and at common. Common law employees in ontario who are terminated without just cause are. Common law reasonable notice, or payment in lieu, unless there is an entitled to: agreement in the employment contract for a prescribed severance payment. At least minimum notice and perhaps, statutory severance under the esa. Factors for determining a terminated employee"s common law reasonable notice: ref. Nb: no ceiling on the reasonable notice period. Working notice - the employer requires the employee to work the notice period: rarely done or advisable.
