Understanding Wrongful Dismissal in Ontario Employment Law When it comes to Ontario employment law, the phrase "wrongful dismissal" is generally misunderstood. From a strictly legal perspective, it does not mean that an employer has no right to terminate an employee's job, or that by terminating an
What to Know of an Employee’s Duty to Mitigate in Ontario Employment Law
Under basic legal principles, if a party to a contact (such as an employment contract) suffers a violation of its terms known as a breach of contract, a court will typically award them damages (or financial compensation) to put them in the position they would have been in had the other party to the
Factors to Consider When Looking for a Toronto Employment Lawyer
For many people, deciding whether or not to seek legal action against an employer when your employment is terminated is a big decision that comes with a lot stress and uncertainty. Generally, when looking for an employment lawyer, some typical questions an employee may ask themselves (or their
Temporary Layoff? Is Employee’s Silence a Tacit Agreement to a Constructive Dismissal? Court Says “No”
Ontario Court of Appeal Says Silence Does Not Equal Condonation for Temporary Layoff In Ontario, many employment lawyers guide both employees and employers with issues of unpaid temporary layoffs, which is a sensitive topic - and rightfully so. Quite often, we find that employers mistakenly
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
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