In a typical wrongful dismissal case, the initial step is to attempt negotiations to obtain a fair and reasonable financial severance package with the employer with the help of an experienced employment lawyer. Severance Package Negotiations in Wrongful Dismissal Cases What is a Severance
Infectious Disease Emergency Leave Extended in Ontario – Impact on Constructive Dismissal Claims
As part of its response to the ongoing coronavirus (COVID-19) pandemic, the government introduced temporary changes to the Ontario Employment Standards Act, 2000 ("ESA"). Under O. Reg. 228/20: Infectious Disease Emergency Leave, the regulation amended the provisions of the ESA around temporary
Severance Packages and Impact of Termination on Employee Pension Plans
An employee may participate in an employer's pension plan as part of his/her job compensation package. This often makes up a significant term of the employee’s remuneration package, and becomes more valuable the longer the employee has been able to participate (and contribute) in the pension
The Typical Severance Package: Top 4 Things to Expect in Ontario
Ontario Employee Severance Package Review What happens when an employee loses their job? Typically, the employer notifies the employee their job has been "terminated" - and may or may not provide a specific reason. If there is no reason for the termination, it is called a termination of employment
What is a “Wrongful” Dismissal in Ontario?
What Makes a Termination of Employment Wrongful? While an employment relationship may be indefinite (no preset expiry date), an employer is not required to keep the employee working forever. In Ontario, employers are free to end an employee's job at any time - and in two different ways: For Cause or
Employee Duty to Mitigate Wrongful Dismissal Losses in Ontario
Duty to Mitigate after Termination of Employment | Under Ontario employment law, an employee who is "wrongfully dismissed" - either because they were improperly fired "for cause" with no notice or severance compensation, or were not given the correct amount of notice of termination or severance
Employee Fired While on Maternity Leave – Is it Legal?
Discriminatory Termination of Employment A typical scenario employment lawyers encounter is a client whose employment is terminated by the company in the following scenarios: before, during or immediately after a maternity leave or medical leave of absence complaining about workplace
Federally Regulated Employees in Canada – Basic Workplace Rights
Employment Law for Federally Regulated Employees in Canada | For employees who work for employers that are federally regulated, employment law standards are set out in the Canada Labour Code. This is equivalent to the Employment Standards Act, 2000, which applies only to non-unionized employees in