In early 2015, the Ontario Superior Court of Justice released its decision in Partridge v. Botony Dental Corporation. This decision is a useful reminder both for employees as to their rights and employers as to their workplace obligations.

Ms. Partridge began work with Botony as a Dental Hygienist in March 2004 and was promoted to Office Manager in 2007. She was employed with the company for just over seven years prior to dismissal on July 19, 2011. During the tenure of her employment, Ms. Partridge twice took maternity leave: from June 2007 – July 2008; and again from June 2010 – July 2011.

When employers think of reasonable notice, they tend to be concerned with whether sufficient notice of dismissal is provided by the employer to the employee. However, an important subject that garners far less attention is what notice a departing employee must provide to the employer. 

The duty to provide reasonable notice of resignation is one implied by the common law. It has no equivalent in Ontario employment law legislation, such as the statutory notice employers are obliged to provide (at a minimum) when dismissing an employee. Regardless, whether through popular convention of television and media, or some other social norm, there exists a perception that a departing employee must give their 'two weeks' notice.' The question for employers is whether such notice is sufficient and, if not, what can they do about the problem?

Mitigation is a legal concept and can be difficult to understand. With this in mind, this article seeks to lay out clearly what the duty to mitigate requires and what it may mean for you.

Earlier this month we spoke at Hire Immigrants Ottawa's Working Group Meetings to employers from a broad range of sectors to provide practical information on a number of issues: Canadian work experience, the duty to accommodate, dealing with over-qualification and the use of unpaid internships.

A better understanding of these issues allows employers both to mitigate liability and avoid missing out on hiring and retaining qualified immigrant employees. 

Misconduct at work is typically met with discipline or, if particularly bad, perhaps dismissal. There are occasions, however, where employee misconduct will also merit criminal charges. One such high profile example is R. v. Cole where Mr. Cole, a high school teacher, was found to have stored nude and semi-nude photos of an underage female student on his work-provided laptop. Mr. Cole lost his job and was charged with possession of child pornography.

A more recent criminal case that was borne out of workplace misconduct, and resulted in termination and criminal charges, is R. v. Dewan. This case came before the Ontario Court of Appeal in October 2014.

Regardless of what you call it - 'losing your job', 'being laid off' or 'being fired', having your employment terminated is a stressful and upsetting event.

If it does happen, however, you need to put a plan in place. The following 10 tips will help you navigate and take control of this difficult situation. 

The Ontario economy has been hit hard over the past several years. As such, many employers have sought ways to reduce workforce-associated costs. One common tactic has been to replace employees with contractors. Four significant and cost-limiting changes result when an independent contractor, rather than an employee, is engaged.

Most employees in Ontario benefit from an interconnected web of laws and court rulings. It is important to be informed of these rights, so that you may protect yourself and ensure fair treatment.

It is equally important for small businesses to understand the obligations imposed by Ontario's employment laws in order to efficiently structure their operations, ensure legal compliance and limit the potential for costly litigation. With those thoughts in mind, and an acknowledgment that a plethora of employment rights and obligations exist in Ontario, here is our top ten list that every employee and small business should know.