Dear Friends, Welcome to the Fall Edition of Reaching Out. As we fall back an hour, we want to make sure that you do not feel like you are “falling back” in terms of current issues in labour and employment law that may affect your workplaces. In that regard, we have a full docket of…
Tag: Reasonable Notice
Notice Period for 70 Year Old Plaintiff Reduced
In a recent decision, Kotecha v. Affinia, the Court of Appeal for Ontario reduced the 24.5 months’ notice that had been awarded to a 70 year old plaintiff, holding that there were no exceptional circumstances to justify the award. While the Court found that it was unlikely the employee would obtain similar employment, the award…
Court Considers Deductibility of STD/LTD Benefits from Notice Award
The Ontario Superior Court recently considered the deductibility of short term disability (“STD”) and long-term disability (“LTD”) benefits from a notice award. It concluded that STD benefits could be deducted because the benefits were provided as salary continuance, the plaintiff had not contributed directly to their cost and the cost was absorbed by the employer…
Court of Appeal Reduces 24.5 Months’ Notice Granted to 70 Year Old Employee
In 2013, the decision of Kotecha v. Affinia garnered some attention among employment lawyers and human resources professionals. The motion judge’s award of 24.5 months’ notice (22 months’ notice, in addition to the 11 weeks of working notice already provided) to a 70 year old employee was seen by some as a potential indicator marking…
Reaching Out – First Edition
Dear Friends, The Social Service Sector Practice Group is pleased to introduce its first FTR Now edition of Reaching Out. Reaching Out is our Social Service Update designed to provide you with legal updates on new and developing cases, trends and topics that are relevant to your sector and which provide you with information and…