breach of contract
May 11, 2012 Christina Catenacci Corporate Immigration, Employment/Labour Standards, Human Resources, Recruiting and Hiring
The British Columbia Supreme Court just certified a class action where the plaintiffs (foreign workers) allege that the employer failed to provide them with the amount of work promised, overtime pay and reimbursements for travel expenses and recruitment fees contrary to the Employment Standards Act. Also, the employees argued the employer breached the contract and its fiduciary duty, and was unjustly enriched for having the workers work without being paid. To top it off…
BC, breach of contract, breach of fiduciary duty, British Columbia, cause of action, class action suit, Class Proceedings Act, common issues, Denny's, employment contract, employment law, employment standards act, Hiring foreign workers, identifiable class, overtime, recruitment fees, representative plaintiff, temporary foreign workers, unpaid wages
May 3, 2012 Stuart Rudner Employee Relations, Employment/Labour Standards, Human Resources, Training and Development
If establishing just cause for dismissal is considered to be a difficult task, then doing so on the basis of incompetence might be seen as almost impossible. It is certainly among the toughest of grounds to establish, particularly since it does not involve “misconduct.”
breach of contract, employee warnings, employment law, incompetence, misconduct, neglect of duty, performance review, performance standards, progressive discipline, termination, termination with cause, wilful disobedience
January 27, 2012 Christina Catenacci Employment/Labour Standards, Human Resources
Here’s an interesting case from the British Columbia Court of Appeal. When an employer left a termination letter on a bus driver’s seat for him to find, The Court found there was inadequate notice of termination. The fact that the bus driver left work immediately instead of working the notice period did not negate his right to sue for damages in lieu of notice.
BC, breach of contract, British Columbia, common law, Damanges, employment law, inadequate notice of termination, reasonable notice, reasonable termination notice, repudiation of the contract, termination, termination letter, working notice, wrongful dismissal
December 21, 2011 Andrew Taillon Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation
Constructive dismissals are something that most employers are aware of, but many may not be aware that constructive dismissals are in fact very difficult cases for employees to win. This is illustrated by a recent case out of Nova Scotia, Gillis v. Sobeys Group Incorporated 2011 NSSC 443.
breach of contract, canadian employment law, constructive dismissal, Constructive dismissals, Dismissal, employment contract, employment law, essential term, Farber v. Royal Trust Company, Gillis v. Sobeys Group Incorporated, notice period, Nova Scotia, substantial change, wrongful dismissal
June 3, 2011 Christina Catenacci Corporate Immigration, Employment/Labour Standards, Human Resources
This case is a stunning example of mistreatment of migrant workers: a live-in nanny recently launched a wrongful dismissal claim against her employer in the Ontario Superior Court seeking damages in the amount of $195,000 for breach of contract, unpaid wages, statutory holiday pay and vacation pay.
breach of contract, employment law, employment rights, employment standards act, Employment standards complaint, foreign national, Foreign workers, immigration agents, Immigration and Refugee Protection Regulations, isolated foreign workers, language barriers, Lilliane Namukasa, live-in nanny, Live-in-caregiver program, migrant workers, mistreatment of migrant workers, six month limit to recover unpaid wages, statutory entitlements, temporary work permit, terminated without notice, The Employment Protection for Foreign Nationals Act, two-year limitation period, unpaid statutory holiday pay, unpaid vacation, unpaid wages, wage theft, wrongful dismissal, wrongful dismissal claim
October 7, 2010 Stuart Rudner Employment/Labour Standards, Human Resources
Mitigation of damages in the context of a wrongful dismissal claim is one of those concepts that is often referred to but not well understood.
breach of contract, canadian employment law, dismissed employee, duty to mitigate, duty to mitigate one’s damages, employee’s duty to mitigate in order to reduce their potential liability, employment contract, employment law, law of contract, Mitigation of damages, notice period, reasonable efforts in order to find new employment, terminations, wrongful dismissal claim, wrongful dismissal damages
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