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

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