Employers Should Not Rely On Common Practice

I am often asked how I come up with a fresh topic every week for 15 years, now. It's easy: In editing the Dismissal Employment Law Digest, I review every case from coast to coast and there is no shortage of them to choose from.

This week, instead of sharing just one case, here are some salient points I garnered from a smattering of cases:

Quebec Labour Standards v. Asphalte Desjardins Inc.

The Supreme Court of Canada's July 25 decision will turn employers' present practices on their heads. The message: If an employee resigns and provides two or three weeks' notice, don't fire them.

In this case, the employee resigned with three weeks' notice. And as is frequently the case, the employer asked him to leave immediately. Usually, though, the employer pays the employee for the three weeks and that is the end of it.