In Canada, employment law is essentially a labyrinth of various pieces of rules that are found in different aspects of the legal system, including: legislation (or statutes) common law (or cases decided by judges that become binding legal precedents) employment contract Depending on
Why Do Employment Lawyers Call it a “Wrongful Dismissal”?
Understanding What is a "Wrongful Dismissal" In employment law, the term "wrongful dismissal" refers to a situation where an employee is fired or let go from their job in violation of their employment contract. It is similar yet quite different from an unfair dismissal, which is governed by
Can Employees be Fired for Workplace Recordings?
Often for good reasons, many employees choose to have workplace recordings (particularly performance evaluations, workplace harassment investigations, or terminating meetings) without advising the employer or obtaining permission. A key reason is to protect themselves from an employer's wrongdoing,
Mistakes Employers Make Defending Wrongful Dismissal Claims in Ontario
Top Mistakes Employers Make that Results in Defending Wrongful Dismissal Claims Wrongful dismissal claims are a significant concern for employers in Ontario. Despite the best intentions, mistakes made during the dismissal process can lead to legal battles that could have been avoided, resulting in
Employee Mitigation Obligations in Ontario Wrongful Dismissal Claims
Mitigation of damages is a crucial concept in employment law, which can have a significant impact on termination pay and the outcome of termination disputes, depending on whether you're the employer or the employee. But what does "mitigation" mean in this context? This article outlines the
Does Changing an Employee’s Job Result in a Changed Employment Contract?
Most employers need time and flexibility to transition their workforce. Among other things, this includes asking an employee to take on a new role with different job title or responsibilities (promotion), or at other times, imposing relatively minor changes to an employee's job that may not amount
Just Cause vs. Wilful Misconduct in Ontario Employment Law
Most Ontario employment lawyers acknowledge that it is generally difficult for employers to prove "just cause" for dismissal of an employee, as well as its consequences. However, what happens to termination clause in an employment contract if an employer alleges just cause for dismissal but is
Tell Me, Briefly: How Employment Law Works in Ontario
In this Ontario employment law blog, we discuss some common topics that employment lawyers typically encounter: Employee Discipline and Termination Procedures In Ontario, the primary employment legislation is the Employment Standards Act, 2000 does not require any specific procedures for employee