Can an Employer Make Changes to Your Job? Generally speaking, an employer in Ontario cannot make significant negative changes to an employee’s terms or conditions of employment without their consent or permission. However, one key exception could be if the employee has signed a legally
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
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
To Say or Not to Say: Should Employers Always Provide Employees the Reason for Termination?
Wrongful Dismissal Claims: Termination Without Cause, or Termination for Cause It is well known in Ontario employment law that an employer has a choice to terminate an employee's job either "for just cause" (good reason) or "without cause". In other words, an employer can dismiss an employee for
Employment Contract “Saving Clause”: Not Always an Employer’s Saving Grace in Wrongful Dismissals
As employment lawyers in Ontario, we are regularly called upon to review employment contracts. Oftentimes, employment lawyers assisting with looking over an employment contract in the context of negotiating its terms (especially severance pay) before an employee begins their new job, while at other