Are you an employee who was recently suspended from your job without pay? Unfortunately, this is a situation some employees find themselves in these confusing situations and are unaware of their legal rights and options. To make matters worse, your employer may have described it as as a
Just Cause for Dismissal – Recent Case Example
In a recent case in Ontario employment law, Render v. ThyssenKrupp Elevator (Canada) Limited Group, the Ontario Court of Appeal explained the onerous standard on employers to prove "wilful misconduct" under the Employment Standards Act, while also making it clear that any form of workplace sexual
Employer’s Beware: Think Twice Before Making Unfounded Allegations of “Just Cause”
In a recent court case called Austin v. Kitsumkalum First Nation, a court penalized an employer for its conduct in responding to an employer's resignation. In particular, the court awarded the employee additional wrongful dismissal compensation (beyond a severance package compensation) for its
What is an Employee Resignation? What Employees Should Know?
Employee Resignation An employee's decision to "resign" from their employment is the complete opposite of a wrongful dismissal. Unlike in a typical termination of employment, a resignation is triggered by the employee's own decision. As a result, the employee is disentitled from receiving a
Ontario Employees: What to Do If You Face a Wrongful Termination
What Do I do if I Suffer a Wrongful Termination? When an employee feels they are facing a wrongful termination, it is often a painful, disappointing and confusing experience. However, it is all the more important to quickly contact an experienced employment lawyer at Bune Law, Toronto employment
No Resting on Your Laurels: Employee Mitigation in Wrongful Dismissal and Severance Package Negotiations
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