Competing with former employers
Tuesday, June 15th, 2010
The Ontario Superior Court re-affirmed the freedom of employees to leave their employer and set up a competitive business.
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Posts Tagged ‘Dismissal’
Dismissing an employee for cause – are reasons required?
Wednesday, June 16th, 2010
The question of whether an employer should give reasons at the time of dismissal is an important one in employment law…
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Litigating just cause cases
Thursday, June 3rd, 2010
Making the decision to dismiss an employee for just cause and litigating a wrongful dismissal claim on the basis of summary dismissal are two different things…
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Arbitrator rules against GTAA in favour of employee
Tuesday, June 1st, 2010
“Employees are not like tissues to be used up and then thrown out at a whim into a bin of low-level employment or unemployment.” The arbitrator in a recent case concluded that the Greater Toronto Airports Authority’s conduct in terminating a disabled employee was a violation of its collective agreement…
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Court of Appeal rules on evidence of failure to mitigate
Wednesday, April 21st, 2010
Advancing a defence of failure to mitigate in a wrongful dismissal claim requires evidence that…
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Sleeping on the Job? What do you have to do to get fired in Canada, anyway?
Wednesday, February 3rd, 2010
Employees can be dismissed for cause, and therefore without notice or severance, when their misconduct or performance is so egregious that the employment relationship has been irreparably harmed. In assessing this issue, employers must adopt a contextual approach, which considers not only the misconduct in question, but the entirety of the employment relationship.
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When should damages for bad faith in dismissal be awarded?
Monday, December 7th, 2009
According to the Supreme Court, “The Damages Formerly Known As Wallace” (damages for bad faith in the course of dismissal) are to be compensatory rather than arbitrary extensions of the notice period. But what if the employer acted in bad faith, but the employee didn’t suffer any damages? What circumstances should justify an award?
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Jail for lying in a civil action?
Thursday, November 5th, 2009
Clearly, if a court finds that one party has been dishonest, it will have serious negative repercussions with respect to their chances of success. It can also result in a cost award against them. The question for today, however, is whether it is appropriate to also find parties who lie during the litigation process in contempt, and if so, what the appropriate penalty should be.
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Providing reference letters: should you or shouldn’t you – or does it make a difference? Part II
Thursday, October 8th, 2009
In the vast majority of cases, there is absolutely no reason for an employer not to provide a positive letter of reference for a dismissed employee. As discussed below, this conclusion is based upon two general points:
1) There is little or no risk in providing an honest, good faith reference;
2) Organizations can benefit financially if a dismissed employee finds new employment quickly.
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Providing reference letters: should you or shouldn’t you – or does it make a difference? Part I
Tuesday, October 6th, 2009
In the vast majority of cases, there is absolutely no reason for an employer not to provide a positive letter of reference for a dismissed employee. As discussed below, this conclusion is based upon two general points:
1) There is little or no risk in providing an honest, good faith reference;
2) Organizations can benefit financially if a dismissed employee finds new employment quickly.
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