The recent Ontario court case of Giacomodonato v PearTree Securities Inc., 2023 ONSC 3197 involved a few important legal principles, including the legal enforceability of an employment contract. This case involved an employee who was employed as President of the company. Following his
What is a Wrongful Dismissal in Ontario Employment Law?
Understanding Wrongful Dismissal in Ontario Employment Law When it comes to Ontario employment law, the phrase "wrongful dismissal" is generally misunderstood. From a strictly legal perspective, it does not mean that an employer has no right to terminate an employee's job, or that by terminating an
Should I Negotiate My Own Severance Package in a Wrongful Dismissal Claim?
In Ontario, an employee can choose to negotiate a severance package after a termination of their employment, either independently on their own or with the help of an experienced employment lawyer in Toronto. However, if you are an employee facing a wrongful dismissal, it is generally advisable to
Ontario Employment Law – New Changes in Ontario Pay Transparency Law
The Ontario government recently announced that it plans on introducing new pay transparency law that will impact most employers throughout the province, specifically, companies that must follow the Ontario Employment Standards Act, 2000. Ontario Pay Transparency Law The new law would require all
Ontario Wrongful Dismissal Cases Exceeding 24-Month Cap on Severance Packages
Severance Package Lawyer In Ontario courts, employees in wrongful dismissal cases are increasingly being awarded larger severance packages, some that even exceed the typical "cap" of 24-month reasonable notice period. As a result, in appropriate cases, some employees can justifiably demand
What to Know of an Employee’s Duty to Mitigate in Ontario Employment Law
Under basic legal principles, if a party to a contact (such as an employment contract) suffers a violation of its terms known as a breach of contract, a court will typically award them damages (or financial compensation) to put them in the position they would have been in had the other party to the
Can My Employer Put Me on a Temporary Layoff?
In short: yes, your employer can put you on a temporary layoff in Ontario, but there are certain conditions that must be met. According to the Employment Standards Act, 2000 a temporary layoff occurs in situations where an employer cuts back or stops an employee’s work without officially ending
Top Tips for How to Get the Most to Negotiate a Severance Package
How do I Negotiate a Severance Package? When it comes to understanding how to negotiate a severance package, there are important issues to consider. After an employer terminates employment, it will usually offers a terminated employee a severance package. However, it is important to know this not