Issues of Interest

February 16, 2019

BAD FAITH DAMAGES – Unfair Dealing and Conduct of wrongfully Dismissal

BAD FAITH DAMAGES A wrongfully dismissed employee who is terminated without just cause has a legal entitlement to reasonable notice of termination or pay equal to […]
February 16, 2019

Right to reasonable notice or wrongful dismissal damages

NOTICE It has become increasingly commonplace for individuals to be told by their employers that as a result of corporate restructuring or re-organization, shortage of work […]
November 1, 2018

INDUCEMENT

In Antidormi v Blue Pumpkin Software Inc., a 2004 decision of the Ontario Superior Court of Justice, the plaintiff, “A.” had been employed as a Channel […]
May 19, 2018

FRUSTRATION / WRONGFUL DISMISSAL

In the case of Sandhu v. North Star Mills Ltd., https://www.canlii.org/en/bc/bcsc/doc/2007/2007bcsc1222/2007bcsc1222.html?autocompleteStr=sandhu&autocompletePos=40  the Court dealt with the issue of frustration in the context of a lengthy absence […]
May 18, 2018

SHORT SERVICE – NOT NECESSARILY SHORT NOTICE

There is a common belief that employees are entitled to termination pay (wrongful dismissal) in the equivalent of one month per year of service.  That belief […]
May 12, 2018

The Law of Wrongful Dismissal

When an employer terminates the employment of an employee its obligation is to provide reasonable notice of termination.  What is “reasonable” depends on a number of […]
April 21, 2015

Release

As we have indicated in previous columns, an employer who dismisses an employee without cause is obliged to provide notice of termination or pay in lieu […]
April 21, 2015

Benefit Continuation Upon Termination

Under the Employment Standards Act (the “ESA”), an employee who is given working notice upon termination, is entitled to the continuation of benefits throughout the statutory […]
April 21, 2015

The Probationary Employee

It is not unusual for an employer to offer employment subject to a three- or six-month “probationary” term. In such cases, the term will form part […]
April 21, 2015

Reinstatement

An employer who dismisses an employee without cause is obliged to provide reasonable notice of termination. Where no notice is provided and the employer fails to […]
April 21, 2015

RESIGNATION

Consider the following situation. A dentist (the employer) hires a consultant to evaluate the operation of his dental practice. In a report critical of the dentist’s […]
April 21, 2015

Reasonable Job Search After Termination

Verlie Sison (“Sison”) was employed with an A & W franchise in Alberta. During the course of his employment with A & W, Sison reported to […]
April 21, 2015

INDUCEMENT AND DISABILITY BENEFITS

The case of Mary Egan against her former employer, Alcatel Canada Inc., touched on two (2) important issues, namely (i) inducement, and (ii) the interrelationship between […]
April 21, 2015

PREGNANCY

In the normal course, an employee is entitled to reasonable notice of his/her termination. How does the additional factor that an employee is pregnant at the […]
April 21, 2015

APPROPRIATE NOTICE AND EMPLOYMENT CONTRACT

Except where there is a contract with a specific term to the contrary, an employee is entitled to reasonable notice of his or her termination of […]
April 21, 2015

OVERTIME

Part VIII of the Employment Standards Act of Ontario (the “Act”) requires that an employer provide overtime pay of at least one and one-half times the […]
April 21, 2015

KEVIN KEAYS – THE BATTLE WITH HONDA

Kevin Keays was employed with Honda Canada Inc. (“Honda”) for 14 years. Mr. Keays developed Chronic Fatigue Syndrome (“CFS”) and initially took a disability leave in […]
April 21, 2015

DISCRIMINATION

Ms. Ning Peng was employed at Canadian Satellite Communications Inc., the predecessor to Star Choice Televisions Network Inc. (“Star Choice”) from June 20, 2000 to August […]
April 21, 2015

DISCRIMINATORY CONDUCT

In a recent Ontario Superior Court of Justice decision in Peng v. Star Choice Television Network Inc., the issue of whether a Judge in an action […]
April 21, 2015

CONSTRUCTIVE DISMISSAL

Part 1 In a previous column, we discussed the situation of an employer dismissing an employee without cause. In such circumstances, the employer is obliged to […]