Termination of Employment For most employers, the topic of terminating an employee form their job can be difficult and stressful. Aside from financial business-related reasons for the termination (e.g., downsizing), there are important legal considerations that must always form part of an
General Legal Steps in a Wrongful Dismissal Case
In a typical wrongful dismissal case, the initial step is to attempt negotiations to obtain a fair and reasonable financial severance package with the employer with the help of an experienced employment lawyer. Severance Package Negotiations in Wrongful Dismissal Cases What is a Severance
Infectious Disease Emergency Leave Extended in Ontario – Impact on Constructive Dismissal Claims
As part of its response to the ongoing coronavirus (COVID-19) pandemic, the government introduced temporary changes to the Ontario Employment Standards Act, 2000 ("ESA"). Under O. Reg. 228/20: Infectious Disease Emergency Leave, the regulation amended the provisions of the ESA around temporary
Employees Proving Wrongful Dismissal and Workplace Harassment Reprisal
Workplace Harassment, Discrimination and Wrongful Dismissal As employees, we spend the majority of our daily lives at the workplace. As with any human interaction, workplace conflicts are an inevitable part of an employee's work life. While workplace conflict is typical, not all employees have the
Constructive Dismissal vs. Wrongful Dismissal in Ontario
When an employer officially terminates an employee from their employment, it can be in one of two ways: For Cause - the employer believes the employee committed serious misconduct in the performance of their job that justifies "firing" them immediately - with no prior notice or severance
Severance Packages and Impact of Termination on Employee Pension Plans
An employee may participate in an employer's pension plan as part of his/her job compensation package. This often makes up a significant term of the employee’s remuneration package, and becomes more valuable the longer the employee has been able to participate (and contribute) in the pension
The Typical Severance Package: Top 4 Things to Expect in Ontario
Ontario Employee Severance Package Review What happens when an employee loses their job? Typically, the employer notifies the employee their job has been "terminated" - and may or may not provide a specific reason. If there is no reason for the termination, it is called a termination of employment
What is a “Wrongful” Dismissal in Ontario?
What Makes a Termination of Employment Wrongful? While an employment relationship may be indefinite (no preset expiry date), an employer is not required to keep the employee working forever. In Ontario, employers are free to end an employee's job at any time - and in two different ways: For Cause or