Court Awards Wrongfully Dismissed Employee 24-Month Severance Package A significant issue that recently arose in Ontario employment law was whether or not an employee whose employment was terminated during the COVID-19 pandemic is entitled to more severance package. As previously discussed in this
Ontario Court Finds Employee Was Wrongfully Dismissed (Not an Independent Contractor)
A thorny issue in the area of employment law involves determining whether a worker is an employee or an independent contractor. What's the big deal, you ask? Well, for employment lawyers in Ontario, this issue is often difficult to discern and massive consequences, for both workers themselves and
What is a Wrongful Dismissal in Ontario?
What is a Wrongful Dismissal? In Canada, a wrongful dismissal refers to an employer unlawfully terminating an employee’s employment without complying with its legal obligation under an employment contract. Contrary to a common misconception, what makes a dismissal “wrongful” is not the end of
What is an Employee’s Duty to Mitigate in Ontario Employment Law?
In Ontario employment law, an employee facing a wrongful dismissal or constructive dismissal has a legal duty to “mitigate”. Put simply, this is a legal obligation that requires an employee who has faced a significant change to the terms or conditions of employment (such as if they were wrongfully
What is a Constructive Dismissal in Ontario Employment Law?
What is a Constructive Dismissal in Ontario Employment Law? In Ontario, a constructive dismissal occurs when an employer makes a significant change to an employee's job terms of employment, working conditions or employment contract without the employee's consent. Specifically, the change to the
Unpaid Workplace Suspension – Is it a Constructive Dismissal in Ontario Employment Law?
As an employment lawyer, I have assisted many employees (and employers) where a dispute arose because of a company's decision to place an employee on a unpaid administrative suspension. Is it permissible for an employer to suspend an employee for administrative reasons without pay (such as to
What Should Employers Know about Recent Changes to the Canada Competition Act?
Earlier this year, Canada passed a new law that makes important amendments to the Competition Act. The Competition Act applies to all companies doing business across Canada, regardless of whether they are provincially regulated or federally regulated. Some of the most changes to the Competition
Ontario Employer’ Bad Faith Conduct Results in Aggravated/Moral Damages
Misbehaving Employers Dinged with Significant Damages Award in Wrongful Dismissal Claim There has been a recent trend in wrongful dismissal cases that reflect a clear and resounding message to Ontario businesses: the courts will not tolerate any breach by an employer of its duty of good faith,