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.
Read the rest of this post »Thursday, December 2nd, 2010
A topic that I address often in presentations and with clients is the failure, on the part of the vast majority of employers in Canada, to use employment agreements properly (if at all). As I have said many times, policies and agreements are the easiest ways for employers to establish the rights and obligations of the parties and avoid having them imposed by common law or other principles.
Read the rest of this post »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.
Read the rest of this post »Wednesday, September 1st, 2010
The Court of Appeal in Alberta has just ruled that there was no basis to award “The Damages Formerly Known as Wallace” in Soost v. Merrill Lynch Canada Inc., dramatically reducing the value of the award.
Read the rest of this post »Wednesday, August 11th, 2010
Employers generally win employment law cases when they can provide the courts with a paper trail of evidence in support of their employment related decisions such as termination, disciplinary actions or inability to accommodate the needs of employees, among other things.
Read the rest of this post »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…
Read the rest of this post »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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Leslie D Foreman:Andrew Taillon:
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