breach of contract
January 20, 2020 Sean Bawden Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring,
To my mind, what Barresi demonstrates is that the line between employment law principles and “independent contractor” commercial law principles continues to blur. As the nature of what it means to be “employed” continues to evolve, so too must the law.
breach of contract, contract law principles, employment contract, employment law, employment law principles, independent contractor, just cause dismissal, repudiation of the employment contract, termination
March 20, 2018 Occasional Contributors Employee Relations, Human Resources, Notice, Damages and Settlements, Payroll
Can independent contractors claim damages for constructive dismissal? In a decision released March 7, 2018 by the Ontario Superior Court of Justice, Barresi v Jones Lang LaSalle Real Estate Services, Inc., 2018 ONSC 837, the answer to that question was essentially yes. Facts The case concerned a commercial real estate broker, Barresi, who was retained […]
breach of contract, constructive dismissal, employee v. independent contractor, employment law, independent contractor, independent contractor relationship
July 25, 2017 Jeff Dutton, Dutton Employment Law Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring
Be careful of what you say about former employees to their new employers, warns Toronto employment lawyer, Jeff Dutton. As evidenced in Drouillard v. Cogeco Cable Inc., if a former employer suggests to another employer to terminate a certain employee, the former employer could be liable for damages to that employee by way of the tort of inducing breach of contract.
blackballing, breach of contract, damages for termination, employment contract, employment law, employment relationship, former employees, termination notice
August 16, 2016 Vey Willetts LLP Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll
Despite workplace boredom being a mundane reality of some working lives, it may also be the catalyst for more serious workplace concerns. At the extreme, in limited circumstances, boredom could even form the basis for constructive dismissal.
banishment rooms, bore out, breach of contract, constructive dismissal, employee absenteeism, Employee illness, Employer liability, employment law, employment relationship, loss of workplace productivity, occupational health and safety act, punitive damages, safe and healthy work environment, unhealthy workforce, workplace boredom
April 22, 2014 Earl Altman Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation
Ever since the Supreme Court of Canada decision in 2008 in a case Evans v. Teamsters Local Union, the courts have recognized the obligation of an employee, in certain circumstances, to accept an offer of alternate employment from their employer following dismissal. This has put many employees in the awkward position of determining whether or not the offer of employment is one that must be accepted based on the Evans’ reasoning. The difficulty faced by many employees’ counsel is the degree of difference in the position being offered, and whether such difference justifies the employee rejecting the offer of employment.
atmosphere of hostility, Bonus entitlement, breach of contract, change in compensation, comparable job, constructive dismissal, Dismissal, duty to mitigate, economic efficiency, embarrassment or humiliation, employee’s obligation to accept an alternate position, employee’s performance, employment law, Evans v. Teamsters Local Union, failure to mitigate, Farwell v. Citair Inc., HR Law, offer of employment, Purchasing Manager’s position, reasonable efforts to find a job, reporting requirements, salary and benefits, Supreme Court of Canada, termination, terminations, working conditions
March 27, 2014 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation
On January 2, 2014 Justice Perell of the Ontario Superior Court of Justice certified a class proceeding by 527 wrongfully terminated employees led by Bob Brigaitis and Cindy Rupert against their now bankrupt employer, IQT Solutions and the officers, directors, shareholders…
aggravated and punitive damages, bankruptcy, breach of contract, certification motion, Charney Practice Group, civil action, class action, Class Action for Wrongful Dismissal, employment contract, employment law, Employment Standards Branch, HR Law, IQT Canada, IQT Solutions, Mass termination, Ontario Ministry of Labour, Ontario Superior Court of Justice, severance, termination pay or pay in lieu of notice, terminations, unpaid wages, Wage Earner Protection Program Act, wrongful dismissal, Yosie Saint-Cyr
January 22, 2014 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation
In the recent decision of IBM Canada Limited v. Waterman 2013 SCC 70 (CanLII), the Supreme Court of Canada confirmed that an employee’s pension benefits should not be deducted from his/her common law entitlement to pay in lieu of notice arising from a wrongful dismissal.
breach of contract, collateral benefit, common law, common law entitlement to pay in lieu of notice, compensating advantage, damages for wrongful dismissal, defined benefit pension, employee contributed to the costs of the benefit, employment, employment contract, employment law, IBM Canada Limited v. Waterman, IMB, loss of employment, Notice of termination, notice period, pay in lieu of notice, Pension benefits, period of reasonable notice, retirement savings, Supreme Court of Canada, wrongful dismissal
May 11, 2012 Christina Catenacci Corporate Immigration, Employment/Labour Standards, Human Resources, Recruiting and Hiring
The British Columbia Supreme Court just certified a class action where the plaintiffs (foreign workers) allege that the employer failed to provide them with the amount of work promised, overtime pay and reimbursements for travel expenses and recruitment fees contrary to the Employment Standards Act. Also, the employees argued the employer breached the contract and its fiduciary duty, and was unjustly enriched for having the workers work without being paid. To top it off…
BC, breach of contract, breach of fiduciary duty, British Columbia, cause of action, class action suit, Class Proceedings Act, common issues, Denny's, employment contract, employment law, employment standards act, Hiring foreign workers, identifiable class, overtime, recruitment fees, representative plaintiff, temporary foreign workers, unpaid wages
May 3, 2012 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Human Resources, Training and Development
If establishing just cause for dismissal is considered to be a difficult task, then doing so on the basis of incompetence might be seen as almost impossible. It is certainly among the toughest of grounds to establish, particularly since it does not involve “misconduct.”
breach of contract, employee warnings, employment law, incompetence, misconduct, neglect of duty, performance review, performance standards, progressive discipline, termination, termination with cause, wilful disobedience
January 27, 2012 Christina Catenacci Employment/Labour Standards, Human Resources
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.
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
December 21, 2011 Andrew Taillon Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation
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.
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
June 3, 2011 Christina Catenacci Corporate Immigration, Employment/Labour Standards, Human Resources
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.
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
October 7, 2010 Rudner Law, Employment / HR Law & Mediation Employment/Labour Standards, Human Resources
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.
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
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