Short Service Employee gets Four Months’ Pay in Lieu of Reasonable Notice

Published on November 16, 2017

The Ontario Superior Court recently awarded four months of pay in lieu of reasonable notice to an employee with less than a year of tenure.

employment law,  employment litigation,  wrongful dismissal litigation

Court Limits Bonus Entitlement During Notice Period

Published on September 22, 2017

So when is an employee entitled to a bonus during the reasonable notice period? 

employment law,  employment litigation,  wrongful dismissal litigation

Court Rules that Rejected Separation Packages are to Remain Confidential

Published on September 05, 2017

It is common practice for employers to offer departing employees, who are being terminated without cause, a separation package in exchange for a signed release from liability. But if the employee rejects the package, the employer may not be allowed to rely on the offer during any subsequent litigation. 

employment law,  employment litigation,  wrongful dismissal litigation

Court Awards Significant Costs Award Against Thieving Employee

Published on July 21, 2017

A recent cost decision from the Ontario Superior Court of Justice suggests that employers who successfully defend themselves from a wrongful dismissal action by asserting just cause may be entitled to recoup a significant amount of their legal costs. 

employment litigation,  general litigation,  wrongful dismissal litigation

Minimizing Mitigation: Court of Appeal gives employee benefit of the doubt

Published on July 07, 2017

A recent Ontario Court of Appeal decision dealt a blow to employers’ ability to credit employee mitigation efforts and income against wrongful dismissal damages. 

employment law,  employment litigation,  wrongful dismissal litigation

Honesty is the best policy - Court of Appeal upholds dishonest employee’s dismissal for just cause

Published on June 19, 2017

Employers are often faced with the galling choice between asserting just cause for termination, and paying potentially large sums of money to departing employees who have been caught lying, cheating, or stealing. Just cause is a very high standard. Often, instead of relying on misconduct or performance issues, employers elect to terminate problem employees without cause. 

employment law,  employment litigation,  wrongful dismissal litigation

Bad facts make bad law (for employers): Court recognizes new tort of harassment

Published on June 14, 2017

The Ontario Superior Court recently recognized a new tort that would allow employees to sue their employers for harassment in civil court.

employment law,  employment litigation,  wrongful dismissal litigation

Mitigating by returning to work: it depends on the circumstances

Published on June 02, 2017

When must a dismissed employee accept an offer of alternate employment with their employer? In some circumstances, employees will be obligated to accept continued employment with the company that terminated them to mitigate their losses. A recent Court of Appeal decision reminds us, however, that an employer’s offer must meet certain conditions or else the employee may refuse to accept it. 

employment law,  employment litigation,  wrongful dismissal litigation

Generous termination clauses: Think twice before making promises

Published on April 28, 2017

Many employers include termination clauses in employment contracts to limit their liability when dismissing employees. When employers draft generous termination provisions providing for more than statutory minimums, they must follow through on that generosity when terminating employees. Failing to do so could leave employers exposed to full liability under the common law.

employment law,  employment litigation,  wrongful dismissal litigation

Probationary clauses: A double-edged sword for employers

Published on February 17, 2017

Stringer LLP

Many employers use probation periods to assess new employees, and use contractual probationary clauses which purport to limit termination entitlements. Unfortunately, poorly drafted clauses may run afoul of the law and expose employers to significant reasonable notice awards.

employment law,  employment standards,  wrongful dismissal litigation

No evidence? No aggravated damages – Employees must prove basis for damages based on manner of dismissal

Published on February 08, 2017

Court affirms there must be sufficient evidence that the employer’s conduct was egregious before an award of aggravatedCourt affirms there must be sufficient evidence that the employer’s conduct was egregious before an award of aggravated damages is appropriate.  damages is appropriate. 

employment law,  employment litigation,  wrongful dismissal litigation

Alberta court rules on the limits of good faith in the performance of employment contracts

Published on January 31, 2017

In a recent decision, the Alberta Court of Appeal strongly affirmed employers’ right to terminate employees without cause, and without giving reasons. Further, the Court ruled that there is no good faith duty on the part of employers to refrain from exercising their discretion to dismiss employees simply because dismissing them will deprive them of bonus payments which have not yet vested

employment law,  employment litigation,  wrongful dismissal litigation

When a resignation isn’t really a resignation

Published on January 24, 2017

How do you know when an employee has quit her job? It may seem like a simple question, but the answer recently eluded an Ontario employer, who improperly took an employee’s apparent resignation at face value.  

employment law,  wrongful dismissal litigation

Mitigation – A duty to act in your own professional interest

Published on December 30, 2016

The court ruled decisively that, when it comes to assessing re-training decisions and an employee's duty to mitigate, it is not appropriate to require a former employer to finance an employee's otherwise perfectly valid personal choice. 

employment law,  wrongful dismissal litigation

Employers Need “Reasonable Basis” to Allege Just Cause

Published on November 30, 2016

Employers be warned - engaging in high-handed, bullying behaviour when dismissing an employee may be a costly strategy.

employment law,  employment litigation,  wrongful dismissal litigation