common law damages

Contract enforceability: Signing the employment contract prior to the start date

March 16, 2017 Lisa Stam Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Wages and Compensation, 1

When an employee is terminated without cause and offered a package that is very modest, but otherwise compliant with the employment contract, a common first step for his or her lawyer will be to see if the contract can be set aside. If the contract can be declared void, the employee can try to pursue the typically much greater common law damages. There are several grounds upon which courts have set aside either the full contract or at the least, the termination provision. This blog post will focus on the issue of signing the contract prior to the start date.

common law damages, dismissal without cause, employment contract, employment law, employment standards act, signing employment contract, Wood v Fred Deeley Imports Ltd.

Employee’s age justifies wrongful dismissal damages of 24 months

March 15, 2017 Simon Heath Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation, 0

Given the elimination of mandatory retirement years ago, employees are working for longer periods of time and well into their 60s and some into their 70s. Age has always been one of the key Bardal factors, in addition to title, length of service and compensation, that courts use to determine an appropriate common law notice period. In the recent case of Ozorio v. Canadian Hearing Society, 2016 ONSC 5440, Justice O’Marra confirmed that an employee’s age remains a significant factor in determining a common law notice period.

age, Bardal Factors, common law damages, common-law notice period, damage awards, employment law, employment standards act, long service employees, older employees, outplacement services, Ozorio v. Canadian Hearing Society