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Employment Standards

By Barry B. Fisher LL.B. | 3 Minutes Read May 29, 2023

Silence is not condonation in temporary layoff cases

In Pham v. Qualified Metal Fabricators Ltd., 2023 ONCA 255, an appeal to the Ontario Court of Appeal, the Court overturned the trial judge’s finding that because the Plaintiff did not actively protest his layoff for 9 months, that he had in fact accepted the legitimacy off the layoff and thus could not claim that he had been constructively dismissed at the time of the layoff.

Article by Barry B. Fisher LL.B. / Employment Standards, Payroll / condonation, employment contract, employment law, temporary layoff, termination Leave a Comment

By Barry B. Fisher LL.B. | 2 Minutes Read May 15, 2023

Failing to offer full backpay means employee did not fail to mitigate by refusing to return to work after dismissal

notice periodIn Northern Air Charter (PR) Inc v Dunbar, 2023 ABKB 171, Justice Woolley sitting on an appeal, had to deal with an increasing common situation.

Article by Barry B. Fisher LL.B. / Business, Employee Relations, Employment Standards, Payroll / backpay, employment law, failure to mitigate, termination, wrongful dismissal Leave a Comment

By Vey Willetts LLP | 3 Minutes Read May 12, 2023

When are employers at risk of aggravated damages awards?

wrongful dismissalA recent decision from the Ontario Superior Court of Justice resulted in a $45,000.00 aggravated damages award. It thus offers guidance for employers as to the types of behaviour that may result in an award of this type.

Article by Vey Willetts LLP / Business, Employment Standards, Payroll / aggravated damages awards, employment law, employment standards act, termination, wrongful dismissal Leave a Comment

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