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Legal Blog:
Sep
01
1998
Dismissal
In a non-unionised setting, any employer may dismiss an employee for any reason that does not run afoul of the Human Rights Code. The employer can always dismiss an employee for cause at law (e.g. theft, insubordination etc.). However, cause at law is usually quite limited. Normally, an employer seeks to terminate an employee for a business reason only (e.g. the employee is too slow, has a bad attitude, is not a team player etc.). There is only one real question to be settled after a dismissal for business reasons. What is the amount of notice that the employee ought to have received? As a corollary, what should employer pay if it did not give that notice?
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01
1998
Bankrupt
We all know that bankruptcy wipes out all debts. Wrong! Not always. There are exceptions; for example, debts relating to fraud. How does bankruptcy affect an action for breach of trust under the Construction Lien Act? This question is answered in Re Francisco, a 1996 decision of the Ontario Court of Appeal.
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