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
Constructive Dismissal Claims in Ontario Employment Law
In employment law, employees facing a significant change to their job may be able to pursue a constructive dismissal claim against their employer. How does an employee succeed on a constructive dismissal claim? The Supreme Court of Canada in a case called Potter v. New Brunswick Legal Aid
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
Is a Pay Cut a Constructive Dismissal?
What is a Constructive Dismissal in Ontario Employment Law? A constructive dismissal claim occurs when an employee complains about a significant unilateral change made by an employer to the terms and conditions of their employment contract. Specifically, it involves an employee arguing that an
Employer’s Bad Faith Conduct Results in Higher Court Award
In a wrongful dismissal claim called Teljeur v Aurora Hotel Group, 2023 ONSC 1324, an Ontario court awarded the terminated employee seven (7) months’ damages for reasonable notice (financial severance package), in addition to $15,000 in moral damages as a result of the employer’s bad faith conduct
What are an Employee’s Voting Rights in Ontario Elections?
One employment law topic that is rarely discussed is an employer's legal obligations (and an employee's legal rights) when it comes to employee voting rights in elections, be it municipal, provincial or federal. Constitutional Rights to Participate in an Election From a broader perspective, the
What is an Employer’s Duty to Accommodate Disabilities?
As an employer, one of workplace issue fraught with danger is knowing how to properly manage employees with disabilities (or other needs that require support). In fact, understanding an employer's rights and obligations under the Ontario Human Rights Act (human rights law). In this article, we