Managing Termination of Employment in the Canadian Workplace: New Developments and Best Practices

Managing termination of employment in Canada is complex, especially for employers used to dealing with United States employment law, or for Canadian employers who have limited experience in the area. Failure to effectively limit termination entitlements in the contract, or provide sufficient notice of termination, has led to claims with employees receiving over 24 months of pay in place of notice in recent decisions. Failure to follow minimum standards in employment standards legislation has also been grounds for punitive damage awards in wrongful dismissal claims. Even beyond these forms of damages, failure to be forthcoming in a termination meeting, or where the employer is unduly insensitive, can lead to moral damages claims, creating further liability for employers. Attending this session will summarize the basics and cover what we are seeing in recent caselaw in Canada, along with best practices to help avoid some of the common pitfalls leading to substantial liability for employers.