How Does Termination of Employment Work in Ontario? As employment lawyers, we generally advise our employer clients to conduct a regular employment contract review (or at least annually) to ensure they are up-to-date, especially since employment law in Ontario is constantly changing with new court
What Qualifies as “Just Cause” for Dismissal in Ontario?
What is Just Cause for Dismissal? Ask any experienced severance package lawyer and most will tell you that under Ontario employment, it is very difficult for employers to successfully defend a wrongful dismissal claim - especially when they have alleged just cause for dismissal. In fact, the
Employer’s Conduct in Termination Meeting Results in Bad Faith Dismissal Damages
In a previous Ontario employment law blog, the courts have generally sided on an employer's side to conclude that surreptitiously recording a work-place meeting could be grounds to terminate an employee for just cause, resulting in an employee not receiving any wrongful dismissal damages. However,
Are You an Employer Alleging Just Cause for Dismissal? What to Know
Wrongful dismissal cases are often confusing, highly stressful, confusing and financially troubling for employees who find themselves suddenly without a job. To add insult to injuries, some employers act without much regard for an employee's well-being. As a result, the courts often take the role of
Duty to Mitigate in Wrongful Dismissal Cases
Under Ontario employment law, an employee who is wrongfully dismissed by their employer is entitled to be put in the same position he or she would have been if had the employer fulfilled their obligations under employment contract. In other words, an employee in a wrongful dismissal claim is
When Discrimination is a Factor in a Wrongful Dismissal Claim
In Luckman v. Bell Canada, 2022 CHRT 18, the Canadian Human Rights Tribunal (“CHRT“) ordered the employer, Bell Canada (“Bell“) to pay more than $120,000 in monetary compensation to a former employee in connection with his discriminatory termination of employment. Among other things, CHRT held that
Wrongful Dismissal and Severance Packages: How to Calculate Reasonable Notice Period
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