The Court of Appeal recently dismissed an appeal from that
decision. The reasons given were not extensive, but the Court of
Appeal upheld the trial judge's determination that there was a
sufficiently close relationship amongst the various companies for
which the employee had worked to establish common liability under
the Employment Standards Act. As a result, the final
company for which the employee worked prior to dismissal was liable
for the employee's entire length of service in determining the
common law notice period. The Court of Appeal also upheld the
liability of the final employer for the employee's entire
Although this case does not change the law, it does confirm the
Court of Appeal's own 14 year old decision in Downtown Eatery (1993) Ltd. In
Downtown Eatery, the Court of Appeal established that the
test for common employer status is whether there is a
"sufficient degree of relationship" between the various
legal entities to suggest they should be treated as a single
Employers must be cautious when calculating length of service
for termination and restructuring purposes. Employees who have
served through reorganizations and other corporate transactions may
be entitled to a notice period based on their cumulative
experience, which can significantly increase an employer's
liability for notice, severance, and pension entitlements. As
always, employers should consult with legal counsel prior to any
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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The new Sexual Violence and Harassment Action Plan Act (Bill 132) imposes a range of new duties in regard to workplace harassment. These include requiring employers to amend their programs to implement workplace harassment policies and establish new rules for the investigation of workplace harassment incidents or complaints.
Receive expert guidance from experienced employment lawyers as to how your organization can comply with this new law painlessly and address workplace harassment effectively
This past year has been marked with significant changes to employment legislation, and watershed decisions that will affect employers for years to come. We've designed this year's conference to deliver a practical and digestible review of what you need to know to manage your employees effectively.
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