The Law At Work

Unhappy new year

Lawyers often advise employers to defer termination decisions from December into the new year, so as not to inflict gratuitous misery on people over the holidays. With the holidays behind us, these delayed discharges become more urgent.

Employers contemplating the termination of employees in January should remember all the advice they were given by their lawyers "last year" – ensure the contract has been reviewed, check what employment standards demands, seek advice on how the common law may dictate "appropriate notice" in the circumstances. Remember, too, that there are unique and hazardous circumstances, such as illness, that may complicate what you think is a straightforward termination decision.