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In this part 3 of the FAQ we will cover topics relating to
termination of the employment, including the termination process,
the notice of termination, statutory severance pay, release from
the duty to work, and unfair and discriminatory dismissals.
What is the formal process for terminating the employment?
Generally, private employers are under no obligation to comply
with a specific formal termination process under Danish law.
Certain formal requirements may, however, be stipulated by
applicable collective bargaining agreements.
Typically, the termination process will (at least) include the
A recent decision of the Ontario Court of Appeal sheds light on statutory claims that may be asserted against corporate directors in a wrongful dismissal proceeding for unpaid wages and vacation pay.
In a recent decision, the Court of Appeal for Ontario upheld the lower court's decision awarding a former employee over $1.274 million as a result of the employer unilaterally imposing a number of changes to the terms of employment.
Ontario: New Law Introduces COVID-19 Liability Protection with
Exceptions
New Legislation Enacted
Authors: Rhonda B. Levy, Knowledge Management Counsel and Monty
Verlint, Partner – Littler Canada
Bill 218, Supporting Ontario s Recovery and Municipal
Elections Act, 2020 was enacted on November 20, 2020. Bill 218
prevents legal action from being brought against companies that
make an honest effort to act in accordance with applicable public
health guidance and any federal, provincial or municipal laws
relating to COVID-19.
Supreme Court of Canada s Decision on Landmark Bonus
Case
Precedential Decision by Judiciary or Regulatory
Agency
Authors: Rhonda B. Levy, Knowledge Management Counsel and Monty
Verlint, Partner – Littler Canada
On October 9, 2020, the Supreme Court of Canada (SCC) issued a
Background
In 2017, the parties entered into an employment agreement for
the role of Business Development Manager. Despite the
employee s title, he did not manage subordinates. In
March 2020, the employee was dismissed without cause, one week
after Ontario declared a state of emergency due to COVID-19.
At the time, the employee was 56 years old, and had been employed
for 28 months with a base salary of $60,000, plus commission.
In 2019, his last full year of employment, the employee s
total compensation was $145,186. Upon his dismissal, the
employee was paid four weeks base salary plus
benefits.
Decision
The primary issue before the court was the length of the common