Wrongful Dismissal: Punitive and Bad Faith Damages Scaled Back Dramatically:...
In 2008, the fourth decision of the Supreme Court of Canada (as reviewed in this series of articles) was the most widely anticipated decision. Many employment lawyers and commentators were predicting...
View ArticleFairness and Job Security Towards the New Millenium
Published in The Toronto Star – December 18, 1999 Just in time for the new millennium, Canadians have received some encouraging economic news that will undoubtedly boost perceptions of job security....
View ArticleSuing Personal Defendants in Wrongful Dismissal Cases? Might Not Be A Good Idea.
In wrongful dismissal cases, dismissed employees are often interested in suing personal defendants in their lawsuits (as well as the company) in an effort to pressure the defendants into settling....
View ArticleRacial Discrimination Suit Against The Bachelor Dismissed: Would We Get The...
Should freedom of expression always trump racial equality in broadcasting? In a nutshell, that was the issue to be decided by a Tennessee district court earlier this month in a racial discrimination...
View ArticleWrongfully Dismissed Employees May Be Required to Return to Work if “Recalled”
Can an employer “recall” an employee back to work as a way of avoiding a wrongful dismissal lawsuit? Even if the employee was wrongfully dismissed? Since the Supreme Court of Canada’s decision in...
View ArticleOntario Court of Appeal: Nasty Letter to Employer Can be Just Cause for...
A nasty complaint letter written to an employer can be just cause for dismissal, according to a recent ruling of the Ontario Court of Appeal. Of course, it may take almost 9 years to get that final...
View ArticleNo Mitigation Requirement If Employment Agreement Specifies Notice Period
If an employee has a valid, enforceable employment agreement, with a specific severance term – does the employer still have to pay the whole amount even if the employee finds work quickly? This...
View ArticleLong Service Employee Gets 26 Months in Wrongful Dismissal Suit
In a recent Ontario Superior Court decision, Hussain v. Suzuki Canada Ltd., a long service employee was awarded 26 months’ compensation as damages for wrongful dismissal. The dismissed employee, Syed...
View ArticleFrustration of Contract: Disabled Employee Loses Wrongful Dismissal Case
If an employee becomes totally disabled and cannot return to work, the employer may be able to end the employment relationship without any further obligations. This doctrine of “frustration” was...
View ArticleWhat To Expect in a Severance Package in Canada
Canadian employees who are dismissed “without cause” are usually entitled to a reasonable severance package. This may not be the case if the employee signed an enforceable employment contract that...
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