You’re fired! Oh, maybe not: A Closer Examination int …

December 2nd, 2016

Termination clauses underline benefits and other compensation as an employee’s entitlement when an employer chooses to discontinue the employee’s employment. These clauses usually provide either a fixed notice period during which these entitlements would be available to the employee, or a formula that determines the length of notice period based on the employee’s length of […]

Employers: A shining example of how not to treat your e …

August 5th, 2016

Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly. A prime example of employer misconduct for failing to accommodate and providing reasonable notice is the case of Strudwick v Applied Consumer & Clinical Evaluations Inc. […]

The Supreme Court of Canada’s take on unjust dismissa …

July 21st, 2016

Canada’s highest court rules that amount of severance cannot change whether a dismissal is “unjust” in Wilson v Atomic Energy of Canada Ltd. (2016) True or false?  An employer can dismiss an employee for any reason, as long as they provide notice or pay in lieu of notice, and as long as the reason for […]

Employer’s failure to make inquiries and accommodate …

April 27th, 2016

By Michelle Stephenson In Emra v. Impression Bridal Inc., an employee, KE, filed a complaint with the Ontario Human Rights Tribunal after he was dismissed by his employer. He alleged that, contrary to the Ontario Human Rights Code, he was dismissed as a result of his anxiety disorder. KE had been diagnosed with generalized anxiety […]

No “double dipping” allowed where disability benefi …

January 27th, 2016

By Michelle Stephenson A recent decision, Fernandes v. Peel Educational, deals with the issue of “double dipping”, specifically, whether a dismissed employee is entitled to receive disability benefits while they are also receiving pay in lieu of notice. The Plaintiff, Mr. Fernandes, had sued for wrongful dismissal and was awarded 12 months of salary in […]

Does the Financial Health of an Employer Affect the Qua …

January 12th, 2016

In a recent decision, the Ontario Court of Appeal was called on to decide whether the economic health of a employer was a factor properly considered in determining the amount of reasonable notice that a dismissed employee was due. Was it, as the employer argued, a fact that required some attention by a court? Or […]

Harsh or “draconian” terms in employment contract n …

November 26th, 2015

By Michelle Stephenson In Kielb v. National Money Mart Company, a dismissed employee sought to have the termination and limitation clauses in his employment agreement found unenforceable. His goal was to recover his bonus for the year during which he was terminated, as well as his contractual pay in lieu of notice, which he waived, […]

Unsettling Settlements: Federal Court Sets Aside Labour …

November 10th, 2015

It is trite to say that the vast majority of litigation is concluded by settlement. Generally, settlement agreements are cheaper, less intrusive and allow the parties to play an active role in the disposition of their legal battles. It is also trite to say that settlements will represent the end of the litigation in a […]

Causal connection required for termination to constitut …

November 3rd, 2015

By Michelle Stephenson In Unifor Local 199 v. Complex Services Inc., an employee’s union grieved his dismissal on the basis that the theft precipitating it was due to his addiction to narcotics. The employee, Mr. Hennessy, had been employed as a security guard at a casino for approximately 10 years. In April 2014 he stole […]

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