In Ontario law, an employment relationship can be based on a simple verbal understanding and agreement, or it can be codified in writing. This is call an employment contract. The purpose of an employment contract is to set out in detail all of the terms and conditions of the relationship between an
Court Requires Employer to Moral Damages for Bad Conduct during Employee’s Termination
In the recent case called Teljeur v. Aurora Hotel Group, 2023 ONSC 1324, the Ontario Superior Court decision provides an important reminder for employers about always acting with fairly and properly when terminating employees, to avoid having to pay employees moral damages in addition to a severance
Ontario Employment Lawyer – What is a Severance Package?
What is an Employment Termination Severance Package? When a company terminates employment, it usually provides the employee with documentation it asks the employee to review, sign and send to it to finalize the termination process. For an employment relationship, there are typically one of three
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,
New Employment Law Rules for Federally-Regulated Employers and Employees – Canada Labour Code
Recently, the federal government significantly updated the Canada Labour Code, which brings it more in line with (and even exceeds) some of the employment law requirements set out in the Ontario Employment Standards Act, 2000. Most importantly, the new employment standards involves an increase in
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
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