February 23, 2019
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 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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 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
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
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 […]