Constructive Dismissal Claims in Ontario Employment law in Ontario is a nuanced and sophisticated area of law, mainly because it involves many different legal rules from employment contracts to employment standards legislation to common law. One of the hotly contested areas is a claim of
Punitive Damages in Ontario Wrongful Dismissal Cases
In recent court decisions, courts in Ontario have awarded punitive damages to employees for an employer's bad behaviour during wrongful dismissal claims. What are Punitive Damages in Employment Law Cases? In employment disputes, such as wrongful dismissal or constructive dismissal cases, punitive
The Case of Giacomodonato v PearTree Securities Inc., 2023 ONSC 3197
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