In Ontario employment law, an employee facing a wrongful dismissal or constructive dismissal has a legal duty to “mitigate”. Put simply, this is a legal obligation that requires an employee who has faced a significant change to the terms or conditions of employment (such as if they were wrongfully
Ontario Employer’ Bad Faith Conduct Results in Aggravated/Moral Damages
Misbehaving Employers Dinged with Significant Damages Award in Wrongful Dismissal Claim There has been a recent trend in wrongful dismissal cases that reflect a clear and resounding message to Ontario businesses: the courts will not tolerate any breach by an employer of its duty of good faith,
How do I Know if I am an Employee or Independent Contractor in Ontario?
Court Decision Confirms that Employment Relationships are Based on the Facts of Each Case As an employment lawyers, I am often asked to help determine whether an individual is an “employee” or “independent contractor.” This distinction is very important for employers as the consequences of
Can Short-Service Employees Get Large Severance Packages?
Severance Package for Short Service Employees in Ontario It is well known that, under common law, an employee whose job is terminated without cause must be given either prior reasonable notice of termination, or pay in lieu of notice ("severance pay"). Determining precisely how much severance
Difficulties with Employment Contract Termination Clauses – Ontario Employment Lawyer
It is typical in any wrongful dismissal claim for an employee to challenge a termination clause relied on by an employer in an employment contract as illegal and unenforceable. If they succeed, the employee would likely be entitled to significantly more financial compensation as part of a severance
Short-Service Employee Entitled to Long Notice Period – Severance Packages
We previously wrote about a recent case called Pavlov v. The New Zealand and Australian Lamb Company Limited, where an Ontario court awarded a relatively short-service employee significant damages for wrongful dismissal following his unlawful termination of employment. This was an important
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
Inducement to Leave Secure Employment – Impact on Employee Severance Package
False Promises or Inducements Made to Employees During Hiring Process As employment lawyers, it is typical for us to assist employees who are terminated from their jobs after many years of working for the same employer, while at other times, we are called upon to assist employees who are terminated