Calculating Severance Pay is an Art, not a Science In Ontario, the courts in wrongful dismissal claims and constructive dismissal claims have blatantly stated that, when it comes to calculating severance pay, the exercise is more an art not a science. In fact, in each case, a judge deciding in
Another Termination Clause Bites the Dust in Ontario Wrongful Dismissal Claim
Review Employment Contracts: Termination Clause Should Not Allow a Termination "At Any Time" In another recent Ontario employment law case, the court has invalidated another termination clause in an employment contract. Taken together with many recent cases, this new court decision should force
How (and Why) Courts in Ontario Invalidate a Termination Clause in an Employment Contract
Ask any top Ontario employment lawyer with experience in handing wrongful dismissal claims and constructive dismissal claims, and they will tell you a termination clause in employment contract is the hot-button issue in the area of wrongful dismissal litigation. What Makes Termination Clauses in
Crossing the Border: 5 Key Differences Between Ontario and U.S. Employment Law
Differences between U.S. and Canadian Employment Law - Ontario Employment Lawyer Perspective While the U.S. and Ontario share a close economic and cultural relationship, their employment laws differ significantly. Understanding these differences is important for anyone considering conducting
How Does a Wrongful Dismissal Case Work in Ontario?
What is a Wrongful Dismissal? As any wrongful dismissal lawyer would say, under Ontario employment law, a wrongful dismissal occurs when an employer terminates an employee without providing them with: (i) the required amount of prior notice before their last day of work, or (ii) the required amount
What Are My Rights as an Employer in Ontario?
Navigating the Maze: Essential Rights and Responsibilities for Ontario Employers As an employer in Ontario wondering: "what are my rights as an employer?", the first steps is to know your own rights and responsibilities within the complicated and ever-changing area of employment law? Simply put,
Can my Employer Force me to Sign a New Employment Contract?
Is Your Employer Forcing you to Sign a New Employment Agreement? Imagine this: you're happily chugging away at your desk, when all of a sudden your boss slides a glossy new employment contract across your table, asking that you "take this home and get it back to me when you're ready". Do you have
Employee’s Duty to Mitigate: The Balancing Act
The Balancing Act: Navigating the "Duty to Mitigate" in Ontario Employment Law Picture this: you are an employee having worked for the same company for nearly 12 years. However, as a result of recent "corporate restructuring" or "downsizing," your employer has informed you that the company "has to