What is an Employee's Wrongful Resignation in Ontario Employment Law? If an employee quits their job without providing the employe with proper notice of resignation, it can result in legal consequences for the employee in the form of a wrongful resignation claim. Picture a typical scenario: as an
The Duty to Mitigate in Wrongful Dismissal Cases in Ontario
In a recent Ontario employment dispute, the court applied the legal principle of "duty to mitigate" in wrongful dismissal cases, which reduced the employee's compensation for termination (or severance package). What is an Employee's Duty to Mitigate in Wrongful Dismissal Cases in Ontario? As a
Ontario Banning Doctor’s Notes for Employers
What is a Doctor's Note? Recent changes announced by the Ontario government to employment law will prohibit employers in the province from requiring employees to provide doctor's notes to justify a medical leave of absence (or sick leave) from work. Put simply, a doctor's note (or medical
What do I Need to Know about Wrongful Dismissal Claims in Ontario?
Ontario Wrongful Dismissal Claims in Ontario Employment Law In the recent Ontario court case involving a wrongful dismissal claim Jimmy How Tein Fat v. PRGX Canada Corp., 2023 ONSC 6374, the court ruled on many employment law issues that commonly arise in wrongful dismissal claims and therefore
Ontario Employment Lawyers Assisting with Human Rights Claims
Ontario Human Rights Law In Ontario, the Human Rights Code prohibits employment-related discrimination on protected grounds, such as an employee's age, race, sex, sexual orientation, disability, ethnicity or place of origin. Likewise, employers are required to protect employees from experiencing
Short-Term Employee Severance Packages | Ontario Employment Lawyer
Short-Term Employee Severance Packages While the general rule in Ontario employment law is that an employee is entitled to a greater severance package for having worked for the same employer for a long period of time, there are some exceptions. Contrary to some misconceptions, in many wrongful
What Happens if Fixed-Term Contract is Terminated Early?
In the recent case called Kopyl v. Losani Homes, 2024 ONCA 199, the Ontario Court of Appeal upheld a lower court's ruling that found in favour of an employee who was successful in a wrongful dismissal claim involving a fixed-term contract. Background The employee commenced his job with an
Impact of Wrongful Dismissal on Pension Plans
In this Ontario employment law blog article, we discuss the impact of wrongful dismissal on pension plans upon termination, which will vary based on the type of pension plan itself. What are the main types of employee pension plans? If you are an employee working in Canada with a pension plan