From unions to the return\u002Dto\u002Doffice, here are six of the major developments in employment law this year, according to Howard Levitt. Read on
, there is less connection to their employer . Smart employers, who have not had to worry about unions for the last number of years as union membership dropped continuously, are engaging firms like mine in sessions with their management groups as to how to remain union-free.Article contentThis Ontario Superior Court case reminded employers of the need to vigilantly adhere to their employment obligations at the time of dismissal.
Hudson’s Bay was ordered to pay $55,000 in moral and punitive damages because it walked its employee out the door when firing him, was late in providing and inaccurately completed his ROE, delayed paying his employment standards termination and severance pay and, at the time of dismissal, offered him a junior sales associate position that had terms eliminating his future rights to severance.
Many employers walk employees out the door when dismissing them, so this case is cautionary. Although Hudson’s Bay might have been careless rather than deliberate regarding the ROE and severance, that will not serve as an excuse.Article content As for the job it offered him, the court obviously viewed it as being too clever by half given the reality — which courts recognize — that employees at the time of dismissal are vulnerable. The courts will invariably provide employees the protection which they believe the employer should have provided.
This year, because such workers could find work quite readily, with almost two job vacancies for every unemployed worker, employers’ severance costs were dramatically reduced since the employees would either find work or the employer could prove in court that they could have found work.Article content
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Howard Levitt: These were the biggest employment law trends of 2022From unions to the return\u002Dto\u002Doffice, here are six of the major developments in employment law this year, according to Howard Levitt. Read on
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