It's reasonable to say that many employees in Ontario are simply unaware of their statutory and common law employment rights, and many of these employees would be pleased to learn that they may be in a much stronger position than they might think. 

Concern regarding the perception of unequal bargaining control between the employee and the employer is somewhat offset by legislation and by common law that can deliver a more fair result for the employee, especially when it comes to termination and the amount of notice an employee should receive. 

Employers may also wrestle with this same issue. As a lawyer, I am expected to help my clients to manage risk in their operations and protect their bottom line. One area of risk exposure that has regularly come to light is a lack of understanding by many business owners of their duties and obligations to their employees. 

It is amazing what one can find online. Take, for example, the employer who does not entirely understand an employee's entitlement as to notice of termination (or pay in lieu). A simple Google search of "termination notice in Ontario" reveals a number of links, many of which are associated with the Government of Ontario. Government of Ontario sites generally reference legislation, primarily the Employment Standards Act 2000. Reliance on this information alone might lead a business owner to believe that the maximum notice an employee would require is eight weeks. However, this is often not the case. 

A business owner may not realize that generally, without an employment agreement restricting notice of termination to that of the ESA, the employee may be entitled to a more significant notice period under common law. This is particularly applicable when operating under a verbal employment agreement, which is often the practice of small business operators. 

Common law notice, depending on the employee's circumstances, can entitle an employee to as much as one month, or more, of notice for every year the employee has worked for that particular business.   

From time to time, terminations are part of business. Add the current COVID pandemic to the mix, and many unexpected terminations may become necessary. Terminated employees should understand their rights as they relate to their circumstances. As for the employer, it won't help an already troubled financial situation to find out that one is liable to an employee for several months' notice or pay in lieu of this notice.

Information contained in this or any previous or future post is intended as general introductory information only. The information contained in this post or any previous or future post is not legal advice. It should not be construed as legal advice and should not be relied upon as such. No solicitor-client relationship arises as a result of accessing or reading the information contained in this post or any previous or future post. There are no representations or warranties made as to the accuracy or substantive adequacy of any information provided in this post or any previous or future post. Legislative changes and changes to the interpretation of existing laws necessitate legal advice. For information particular to your situation, you should seek legal advice from an experienced lawyer in your jurisdiction. No action with regard to your particular circumstances should be taken until you have obtained legal advice. Reviewing this post or any previous or future post should not be viewed as having sought professional advice, but rather as obtaining general information which should not be relied on.