Mitigation of Wrongful Dismissal Damages The old adage "do not rest on your laurels" carries significant relevance in the world of Ontario employment, specifically when it comes to an very important (but usually overlooked) concept: an employee's mitigation of wrongful dismissal damages.
How to Calculate Wrongful Dismissal Damages in Ontario
How Do You Calculate Wrongful Dismissal Damages? In Ontario, an employee is considered "wrongfully dismissed" (or wrongfully terminated) if their employer fires them without providing them with prior notice of termination, or severance pay compensation. Put simply, there is nothing "wrongful"
Ontario Court Upholds 26-Month Notice Period for Employee Severance Package
In Currie v Nylene Canada Inc., 2022 ONCA 209, the Ontario Court of Appeal upheld a lower court’s decision to award an employee twenty-six months of financial compensation for wrongful dismissal (severance package). In agreeing with the trial judge's decision that the wrongfully dismissed
The ABC’s of Intellectual Property Rights in Ontario Employment Law
What Employers and Employees Should Know about Workplace Intellectual Property In Canada, the legal rules regarding ownership of intellectual property developed by employees are highly technical and will often depend on the type of property at issue. Is it an issue of copyright, trademark, patent,
Secretly Recording Conversations at Work Could be Just Cause for Employee Dismissal
Quite often, employment lawyers in Ontario are called to assist employees who feel they are clearly being targeted by their boss or manager at work, and fear they will soon suffer a termination of their employment. In those cases, it is a natural instinct for people to gather evidence to prove their
Inducement to Leave Secure Employment – Impact on Employee Severance Package
False Promises or Inducements Made to Employees During Hiring Process As employment lawyers, it is typical for us to assist employees who are terminated from their jobs after many years of working for the same employer, while at other times, we are called upon to assist employees who are terminated
Fired While on Disability Leave – Employee Wrongful Dismissal Claims in Ontario
What Happens if an Employer Terminates Employment Due to a Disability Leave? Can employees be fired while on disability leave? In general, Ontario employment law prohibits employers from firing an employee simply because the employee is on a disability leave. In other words, while an employer is
Firing an Employee in Ontario? Here’s What You Should Know
Are You Planning to Fire One of Your Employees? What to Know. One of the most common misconceptions Ontario employers have is that when firing an employee, the only severance pay compensation they need to provide is "one week per year". So, for example, many employers wrongly assume for a 10-year