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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).
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 ...
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 ...
Just cause is a common standard in employment law, as a form of job security. When a person is terminated for just cause, it means that they have been terminated for misconduct, or another sufficient reason. [1] A person terminated for just cause is generally not entitled to notice severance, nor unemployment benefits depending on local laws. [2]
On appeal to the Ontario Court of Appeal, the arbitration award was restored. The issue before the Supreme Court was whether "the Board of Arbitration made a patently unreasonable decision in ordering that Mr. Bhadauria be conditionally reinstated in his position as a teacher with the appellant Board of Education."
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 ...
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.