For many employees, bonus pay is often a significant part of their overall job compensation. For instance, I regularly assist employees who have lost their job to negotiate better financial severance packages, or even in negotiating a more favourable employment contract, with the aim of obtaining
Changing an Employee’s Employment Contract
What is an Employment Contract? A key feature of Ontario workplaces is an employment contract. When hiring new workers, employers can use employment contracts to set out the terms of the employment relationship, as well as clarify and establish the features of the employment relationship. For
How a Wrongful Dismissal Works in Ontario
Why You Should Contact a Wrongful Dismissal Lawyer After a Termination of Employment The impact of a wrongful termination is overwhelming. In fact, most employees experience significant stress, anxiety and a sense of uncertainty about your next steps, especially when considering the financial
Constructive Dismissals – Suspended Without Pay
Are you an employee who was recently suspended from your job without pay? Unfortunately, this is a situation some employees find themselves in these confusing situations and are unaware of their legal rights and options. To make matters worse, your employer may have described it as as a
Just Cause for Dismissal – Recent Case Example
In a recent case in Ontario employment law, Render v. ThyssenKrupp Elevator (Canada) Limited Group, the Ontario Court of Appeal explained the onerous standard on employers to prove "wilful misconduct" under the Employment Standards Act, while also making it clear that any form of workplace sexual
Employer’s Beware: Think Twice Before Making Unfounded Allegations of “Just Cause”
In a recent court case called Austin v. Kitsumkalum First Nation, a court penalized an employer for its conduct in responding to an employer's resignation. In particular, the court awarded the employee additional wrongful dismissal compensation (beyond a severance package compensation) for its
No Resting on Your Laurels: Employee Mitigation in Wrongful Dismissal and Severance Package Negotiations
Mitigation of Wrongful Dismissal Damages The old adage "do not rest on your laurels" carries significant relevance in the world of Ontario employment, specifically when it comes to an very important (but usually overlooked) concept: an employee's mitigation of wrongful dismissal damages.
How to Calculate Wrongful Dismissal Damages in Ontario
How Do You Calculate Wrongful Dismissal Damages? In Ontario, an employee is considered "wrongfully dismissed" (or wrongfully terminated) if their employer fires them without providing them with prior notice of termination, or severance pay compensation. Put simply, there is nothing "wrongful"