What is a Wrongful Dismissal? In Ontario employment law, employers have the right to terminate an employee's job. However, this right is not unfettered and it comes with certain requirements. Generally, an employer can terminate ("fire") an employee from their job: Wilful misconduct, disobedience
Personal Liability of Corporate Directors for Wrongful Dismissal Severance Package
Piercing the Corporate Veil: Directors Could be Liable to Pay Wrongfully Dismissed Employee The Oppression Remedy In Canada, most business legislation (such as the Ontario Business Corporations Act and the Canada Business Corporations Act) allow for a legal claim for an "oppression remedy." In
What Happens if an Employee Violates a Non-Solicitation Agreement?
Non-Solicitation Agreements: The Basics Under Ontario employment law, employers are entitled to protect their business interests from departing employees. In general, these issues arise in employment-related disputes, especially termination of employment, wrongful dismissal and a constructive
What is a Fixed-Term Employment Contract in Ontario?
While employment contracts do not come in all shapes and sizes, they do at least come in two general forms: either fixed term or indefinite term. A fixed-term employment contract will specify an end (expiry) date for the employment, while an indefinite term employment contact has no specific end
What Do I Do if I Was Constructively Dismissed by My Employer?
Constructive Dismissal in Ontario Employment Law Many of us have heard of a "constructive dismissal". Quite often, we receive calls from employees inquiring about whether they have a valid constructive dismissal case. In fact, sometimes the employees are adamant that they want to sue their employer
Are Employees Entitled to Bonus Pay Upon a Wrongful Dismissal?
Termination Without Cause vs. Termination for Just Cause In Ontario, whether an employee is entitled to any compensation when their job is terminated depends on the manner in which it occurs. Specifically, employment can be terminated "without cause" or for "just cause". If an employee's job is
Ontario Court Awards Employee 27-Month Severance Package
Wrongful Dismissal Notice Period Cap No More: Another Court Awards Employee 27-Month Severance Package In a recent case called Milwid v. IBM Canada Ltd. 2023 ONSC 490, an Ontario court awarded an employee 27 months' pay in lieu of notice in a successful wrongful dismissal claim. This is an
Employee or Independent Contractor? How Do I Know?
Employee vs Independent Contractor In Ontario, both workers and businesses commonly confront a thorny question of whether their arrangement can be characterized as an independent contractor or employment relationship. Typically, this issue arises once the business relationship ends and the worker