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March 18, 2019

Appropriate notice and the employment contract

APPROPRIATE NOTICE AND THE EMPLOYMENT CONTRACT Except where there is a contract with a specific term to the contrary, an employee is entitled to reasonable notice […]
March 17, 2019

Termination – With Cause, Without Cause or Just Cause

It is difficult enough for an individual to be suddenly told that his or her employment has come to an end. It is doubly so when […]
March 16, 2019

Termination issue cause of intoxication – Wrongful Dismissal.

JUST CAUSE – INTOXICATION Can an employee who comes to work intoxicated, be terminated for cause and be denied damages for wrongful dismissal? Except where the […]
March 15, 2019

A Case of Employee Dishonesty Resulting in Termination

Article No. 15 JUST CAUSE – “DISHONESTY” “Dishonesty” encompasses not only theft or fraud but any form of untrustworthy conduct. Just cause based on dishonesty may […]
March 14, 2019

EMPLOYMENT STANDARDS ACT PAYMENTS AND COMMON LAW DAMAGES — WHAT IS THE DIFFERENCE?

Article No. 14 EMPLOYMENT STANDARDS ACT PAYMENTS AND COMMON LAW DAMAGES — WHAT IS THE DIFFERENCE? Termination can be one of the most traumatic experiences in […]
March 13, 2019

TERMINATED FOR CAUSE – WHERE DO I GO?

TERMINATED FOR CAUSE – WHERE DO I GO? Being terminated can be one of the most traumatic experiences in one’s life. In the normal course, and […]
March 12, 2019

A poor performance cannot be the cause of termination – Toronto Employment Lawyer

JUST CAUSE – POOR PERFORMANCE There are various types of conduct or misconduct which may give rise to cause for termination.  In the event that cause […]
February 28, 2019

What is Overtime & How Is It Calculated?

Article No. 18 OVERTIME Part VIII of the Employment Standards Act of Ontario (the “Act”) requires that an employer provide overtime pay of at least one […]
February 27, 2019

Termination of Employment, Notice and Pay in Lieu of Notice

Article No. 10 CAUSE If an employer terminates an employee its obligation is to provide “notice” or “pay in lieu of notice” except where it can […]
February 26, 2019

WRONGFUL DISMISSAL AND THE EMPLOYMENT CONTRACT

Article No. 9 WRONGFUL DISMISSAL AND THE EMPLOYMENT CONTRACT An employer’s obligation to provide reasonable notice upon termination or wrongful dismissal damages is by no means […]
February 25, 2019

RESIGNATION

Article No. 7   RESIGNATION Where it is not the employer who has terminated the relationship by terminating the employee, but rather the employee who has […]
February 24, 2019

Employment: Why You May Want to Provide termination package

Article No. 6 RELEASE An employer who dismisses an employee without cause is obliged to provide notice of termination or pay in lieu thereof. The failure […]
February 23, 2019

Employment Termination Without Reason, Cause or Pay

Article No. 4 The Alberta Provincial Court’s decision in Locke v. Chandos Construction Ltd. addressed a number of interesting legal issues.  Mr. Locke was employed as […]
February 23, 2019

Employee Termination with Cause and without Cause – wrongful dismissal

Article No. 3 CAUSE Not every employee who faces termination of employment will have an action for wrongful dismissal. A termination is “wrongful” when an employee […]
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 […]