When Do Employees Not Have a Duty to Mitigate Damages After a Wrongful or Constructive Dismissal? Under Ontario employment law, employees who have been wrongfully dismissed or constructively dismissed typically have a duty to mitigate their damages. In other words, an employer is generally entitled
How an Employer’s Unfair Conduct can Repudiate an Employment Contract
In Ontario, employment lawyers typically deal with wrongful dismissal claims involving negotiating a severance package. Many of these cases involve legitimate disagreements as to an employee's entitlements to termination pay and severance pay, which usually turns on whether the employer's
Some Important Employment Law Cases in Ontario
In Canada, employment law is essentially a labyrinth of various pieces of rules that are found in different aspects of the legal system, including: legislation (or statutes) common law (or cases decided by judges that become binding legal precedents) employment contract Depending on
Why Do Employment Lawyers Call it a “Wrongful Dismissal”?
Understanding What is a "Wrongful Dismissal" In employment law, the term "wrongful dismissal" refers to a situation where an employee is fired or let go from their job in violation of their employment contract. It is similar yet quite different from an unfair dismissal, which is governed by
Can Employees be Fired for Workplace Recordings?
Often for good reasons, many employees choose to have workplace recordings (particularly performance evaluations, workplace harassment investigations, or terminating meetings) without advising the employer or obtaining permission. A key reason is to protect themselves from an employer's wrongdoing,
Mistakes Employers Make Defending Wrongful Dismissal Claims in Ontario
Top Mistakes Employers Make that Results in Defending Wrongful Dismissal Claims Wrongful dismissal claims are a significant concern for employers in Ontario. Despite the best intentions, mistakes made during the dismissal process can lead to legal battles that could have been avoided, resulting in
Employee Mitigation Obligations in Ontario Wrongful Dismissal Claims
Mitigation of damages is a crucial concept in employment law, which can have a significant impact on termination pay and the outcome of termination disputes, depending on whether you're the employer or the employee. But what does "mitigation" mean in this context? This article outlines the
Does Changing an Employee’s Job Result in a Changed Employment Contract?
Most employers need time and flexibility to transition their workforce. Among other things, this includes asking an employee to take on a new role with different job title or responsibilities (promotion), or at other times, imposing relatively minor changes to an employee's job that may not amount