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Posts Tagged ‘breach of contract’

Failure to work notice period did not take away right to sue for damages

Friday, January 27th, 2012

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.

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Tags: 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
Posted in Employment Standards, Human Resources | Make a Comment »

Constructive dismissal: a tough call for employees

Wednesday, December 21st, 2011

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.

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Tags: 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
Posted in Compensation, Employee Relations, Employment Standards, Human Resources, Payroll | Make a Comment »

A stunning example of mistreatment of migrant workers

Friday, June 3rd, 2011

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.

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Tags: 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
Posted in Corporate Immigration, Employment Standards, Human Resources | Make a Comment »

Employers’ strategic use of employees’ duty to mitigate

Thursday, October 7th, 2010

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.

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Tags: 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
Posted in Employment Standards, Human Resources | 2 Comments »

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