In this Ontario employment law blog article, we discuss the impact of wrongful dismissal on pension plans upon termination, which will vary based on the type of pension plan itself. What are the main types of employee pension plans? If you are an employee working in Canada with a pension plan
Court Finds Employer’s Failure to Pay Commissions is a Repudiation of Employment Contract
In a recent court case in British Columbia called Klyn v Pentax Canada Inc., 2024 BCSC 372, an employee named Mr. Klyn was successful in a wrongful dismissal claim against his former employer, Pentax. Specifically, the employee claimed that the employer breached their employment contract by failing
Wrongful Dismissal Severance Packages
Example of Wrongful Dismissal Claim and Severance Package in Ontario: Amerato vs. TST-CF Solutions LP, 2022 ONSC 5339 The world of Canadian employment law can be complex, especially when it comes to termination of employment and wrongful dismissal claims. The case of Amerato vs. TST-CF Solutions
Example of Just Cause for Dismissal in Ontario
In a recent case called Lagala v. Patene Building Supplies Ltd, 2024 ONSC 253, the court dismissed an employee's wrongful dismissal claim. The decision is notable for a few important reasons, most importantly of which is for illustrating the standard the courts follow to establish just cause for
Can Employee be Working a Second Job? How it Could Result in Wrongful Dismissal
Working a Second Job: Balancing "Moon Lighting" with Primary Employment As Ontario employment lawyer, we are often consulted by both employers and employees regarding issues of an employee "moonlighting" or "side hustle", or simultaneously working a second job involving two different employers.
Calculating Severance Pay in Ontario: Basic Rules
Calculating Severance Pay is an Art, not a Science In Ontario, the courts in wrongful dismissal claims and constructive dismissal claims have blatantly stated that, when it comes to calculating severance pay, the exercise is more an art not a science. In fact, in each case, a judge deciding in
Another Termination Clause Bites the Dust in Ontario Wrongful Dismissal Claim
Review Employment Contracts: Termination Clause Should Not Allow a Termination "At Any Time" In another recent Ontario employment law case, the court has invalidated another termination clause in an employment contract. Taken together with many recent cases, this new court decision should force
How (and Why) Courts in Ontario Invalidate a Termination Clause in an Employment Contract
Ask any top Ontario employment lawyer with experience in handing wrongful dismissal claims and constructive dismissal claims, and they will tell you a termination clause in employment contract is the hot-button issue in the area of wrongful dismissal litigation. What Makes Termination Clauses in