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In the early 1990s, Levitt represented Marek Machtinger, a car dealership employee who disputed the severance pay and termination clause against his former employer. [15] He argued the dismissal did not meet Ontario's Employment Standards Act (ESA).
The Employment Standards Act, 2000 [1] (the Act) is an Act of the Legislative Assembly of Ontario. The Act regulates employment in the province of Ontario, including wages, maximum work hours, overtime, vacation, and leaves of absence. It differs from the Ontario Labour Relations Act, which regulates unionized labour in Ontario.
An example of cause would be an employee's behavior which constitutes a fundamental breach of the terms of the employment contract. Where cause exists, the employer can dismiss the employee without providing any notice. If no cause exists yet the employer dismisses without providing lawful notice, then the dismissal is a wrongful dismissal.
A less severe form of involuntary termination is often referred to as a layoff (also redundancy or being made redundant in British English). A layoff is usually not strictly related to personal performance but instead due to economic cycles or the company's need to restructure itself, the firm itself going out of business, or a change in the function of the employer (for example, a certain ...
Established in 1998 through the Legal Aid Services Act [3] and successor to the Ontario Legal Aid Plan (OLAP), Legal Aid Ontario provides legal aid services to low-income individuals in the province of Ontario through duty counsel, community legal clinics, public legal education, summary legal advice, alternative dispute resolution, self-help materials and legal representation under the ...
Dismissal (colloquially called firing or sacking) is the termination of employment by an employer against the will of the employee. Though such a decision can be made by an employer for a variety of reasons, [1] ranging from an economic downturn to performance-related problems on the part of the employee, being fired has a strong stigma in some ...
In Ontario, a separation agreement is unenforceable unless it is made in writing, signed by the parties and witnessed. This written agreement usually resolves all issues arising from the separation, including custody and access, child support, spousal support and the division of property, except only a court can grant a divorce itself.
It was not until 1930, when Parliament passed the Divorce Act (Ontario), that the courts of Ontario were given jurisdiction to grant divorces and annulments. The law granting divorce under this law was according to the law of England as it stood at July 15, 1870 (and thus on the same footing as the prairie provinces and the territories). [20]