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A clear reminder of how courts approach reasonable notice, mitigation, and employer conduct when layoffs occur in turbulent markets.
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Once a sexual harassment concern is raised, process is not optional. Employers must protect workers from retaliation.
Employers can protect their interests by proper drafting and proactive legal review, particularly when it comes to long-term incentive compensation.
Helpful guidance for employers: when properly drafted, unambiguous termination clauses prevent costly common law notice claims.
The Dufault v. Ignace (Township) case is yet another warning to employers that ESA compliance is not optional.
The Court ruled WestJet was not justified in dismissing an employee for cause who refused to comply with its COVID-19 vaccination policy.
The law will continue to favour employee protection when termination clauses are in question and not in compliance with the ESA.
Even well-intentioned employers can find themselves facing constructive dismissal claims if remote work expectations are not properly managed.