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Notice, Damages and Settlements

How a bad hire could lead to damages for constructive dismissal

In the wake of the #metoo movement, one question that has arisen, and which our firm has commented upon is how employers are to react when those individuals attempt to return to the workforce.

 

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Mutual release set aside due to fraudulent misrepresentation

In Markicevic v York University (2018 ONCA 813), the Ontario Court of Appeal upheld the lower court’s decision to set aside a settlement with its ex-employee to whom they had paid 36 months severance pay only to find out later that he had actually ripped them off for a million dollars.

 

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Employee caused data breaches: What’s an organization to do?

Data and privacy breaches caused by hacking and social engineering fraud are here to stay. Once considered an emerging risk, cyber is now a reality facing every organization.

 

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Mass termination and working notice requirements clarified by Ontario Court of Appeal

A recent decision of the Ontario Court of Appeal has clarified employers’ notice obligations in the event of business closure, particularly with respect to mass termination notice requirements under the Employment Standards Act, 2000 (the “ESA”) and “working notice” more broadly.

 

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Are employees entitled to receive damages for variable compensation during the reasonable notice period?

Some employees receive a large percentage of their total remuneration in variable compensation. A much litigated issue is whether the employer is required to pay variable compensation to a terminated employee during the applicable notice period and if so how is this compensation calculated.

 

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Has BC Court opened the door to more court claims of harassment?

Since the early 1980s, plaintiffs have been precluded from bringing court actions solely predicated on suffering discrimination or harassment under human rights legislation.

 

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Bad behaviour and termination

The gut reaction of most employers when they have to deal with an employee who has behaved in an outrageous fashion is to terminate the employee in question without much inquiry into the background of the conduct.

 

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Plaintiff wins $114,082 but pays costs to the defendant of $200,000

A plaintiff was awarded 12 months notice but because she had been on STD and LTD during this same period, her actual damages were only $14,082. She was also awarded Honda or moral damages of $100,000.

 

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Clauses to include in an employment contract

Employers in Ontario should require employees to sign an employment contract before starting work.

 

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Court of Appeal says: No tort of harassment in Ontario

In a unanimous decision, the Ontario Court of Appeal has ruled that there is no tort of harassment in Ontario. In Merrifield v. Canada (Attorney General), the Court overturned the trial decision which had found that the tort did exist.

 

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OLRB rules that when it comes to severance it’s Ontario-based operations alone

In his application, Mr. Hawkes sought review of the January 25, 2017 decision of an Employment Standards Officer (“ESO”), who determined that he was not entitled to severance pay pursuant to section 64 of the Act.

 

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Ontario superior court confirms that frustration of contract is a two-way street

The legal doctrine of frustration of contract is well known to employment lawyers but its application is not all that intuitive to the average employer or employee.

 

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Double bonus: Court sides with employer on bonus entitlement, calculation appeals

Employers are often vexed by bonus entitlement and calculation issues when weighing termination decisions and defending claims for wrongful dismissal. Bonus disputes are invariably complex and costly.

 

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If the punishment fits: The Court of Appeal upholds Ruston v. Keddco Mfg. (2001) Ltd.

Our legal system is designed to implement a stringent appeals process. When an unsuccessful party truly believes that the Court ‘got it wrong,’ either because they wrongly assessed the facts or wrongly applied the law (or in some cases both), they have the power to appeal to a higher court who can review the ruling and issue their own determination, as was the case with Ruston v. Keddco Mfg.

 

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OCA upholds ESA related termination clause

In Nemeth v Hatch (2018 ONCA 7), the Court was faced with the following termination clause:

 

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