Michelle MacGillivray

Michelle MacGillivray

Bennett Jones LLP

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Recent Ontario Decision Casts Doubt on Statutory Severance Pay Threshold

In Ontario, employees are entitled to notice of termination or pay in lieu of notice of termination in accordance with the Employment Standards Act, 2000 (the “ESA”). In addition, employees with five years of service or more...more

7/17/2014 - Canada Employer Liability Issues Employment Standards Act Hiring & Firing Notice Requirements Severance Pay Termination

New OHRC Policy Provides Practical Guidance to Employers

It is estimated that one in five Canadians will experience a mental health disability or addiction in their lifetime. In light of this staggering statistic, employers are often faced with the challenging task of identifying...more

7/17/2014 - Canada Discrimination Employer Liability Issues Healthcare Mental Health Mental Health Initiatives

Three New Statutory Leaves of Absence are Set to Take Effect in Ontario on October 29, 2014

On April 29, 2014, Bill 21, the Employment Standards Amendment Act (Leaves to Help Families), 2014, was passed and received royal assent in Ontario. This means that, effective October 29, 2014, the list of job-protected...more

5/8/2014 - Caregivers Child Care Employee Benefits Employer Mandates Employment Standards Act Leave of Absence New Amendments

For The First Time, Ontario Superior Court Awards Human Rights Damages

In 2008, the Human Rights Code was amended to allow, amongst other things, civil claims for breaches of the Code. Though we often see plaintiffs alleging discrimination in the context of a wrongful dismissal or constructive...more

10/7/2013 - Canada Damages Human Rights OSC

Are Your Company’s Termination Provisions Enforceable?

Two Ontario Superior Court decisions once again highlight the importance of precise and explicit wording in employment contracts, particularly in respect of termination clauses. The court concluded in both decisions that the...more

10/1/2013 - Canada Employment Contract Hiring & Firing Pre-Termination Notice Termination

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