Court Awards Wrongfully Dismissed Employee 24-Month Severance Package A significant issue that recently arose in Ontario employment law was whether or not an employee whose employment was terminated during the COVID-19 pandemic is entitled to more severance package. As previously discussed in this
When Do I Need to Look for an Employment Lawyer in Ontario?
When Should I Consult with an Employment Lawyer? Whether you are an employee or employer in Ontario, there are several situations in which you may want to consider speaking with an experienced employment lawyer: 1) If you believe your employer has violated your employee rights: A leading
What is a Wrongful Dismissal in Ontario?
What is a Wrongful Dismissal? In Canada, a wrongful dismissal refers to an employer unlawfully terminating an employee’s employment without complying with its legal obligation under an employment contract. Contrary to a common misconception, what makes a dismissal “wrongful” is not the end of
What is an Employee’s Duty to Mitigate in Ontario Employment Law?
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