The recent Ontario court case of Giacomodonato v PearTree Securities Inc., 2023 ONSC 3197 involved a few important legal principles, including the legal enforceability of an employment contract. This case involved an employee who was employed as President of the company. Following his
What is a Wrongful Dismissal in Ontario Employment Law?
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
What is a Fixed-Term Employment Contract?
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
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
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
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