claims of wrongful dismissal

Limitation periods and statutory severance pay: an update

January 12, 2018 Vey Willetts LLP Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll

An interesting decision from the Ontario Superior Court came out last recently concerning when the limitations period begins to run for claims of wrongful dismissal and statutory severance pay. In the case in question, the Court held that the limitation period to claim unpaid statutory severance pay commences as soon as working notice of dismissal is issued to an employee.

claims of wrongful dismissal, employment law, Limitation Periods, pay in lie of notice, Severance pay, statutory severance pay, working notice

Three popular articles this week on HRinfodesk

August 24, 2017 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation

The three popular articles this week on HRinfodesk deal with: an employer who wrongly relied on probation clause to retract offer of employment, a recent Conference Board of Canada report that shows employees are struggling to balance work and eldercare, and protecting your right as an employer to impose temporary layoffs.

claims of wrongful dismissal, constructive dismissal, eldercare, eldercare obligations, employment, employment contract, employment law, mitigation of losses, Ontario Employment Standards, probation clause, temporary layoff, termination without cause, termination without notice, the need for accommodation, work family balance

Defendants’ apologies found not admissible in civil proceedings or pleadings

October 19, 2015 Devry Smith Frank LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll

The Apology Act is lesser-known piece of Ontario legislation which came into force in 2009. The Act allows defendants in a civil proceeding to communicate sorrow or regret to the other party, without their apology being used against them later in court.

administrative proceeding, admission of fault, admission of wrongdoing, Apology Act, arbitration, civil matters, civil proceeding, claims of wrongful dismissal, Employee dismissal, employment law, evidence of fault or liability, Insurance coverage, legal liability, Provincial Offences Act

Assessing whether just cause is warranted: A yearly review

November 7, 2014 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

In the course of updating my text, You’re Fired! Just Cause for Dismissal in Canada, I review every single court and arbitrator’s decision dealing with just cause for dismissal. Not surprisingly, these can be pretty entertaining. However, the cases also confirm a few truths:

alleged misconduct cannot be considered in isolation, claims of wrongful dismissal, employee was guilty of misconduct, employment law, just cause for dismissal, summary dismissal, termination, terminations, You’re Fired! Just Cause for Dismissal in Canada

Desperate times do not justify desperate measures

July 12, 2013 Alison J. Bird Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation

In Trites v. Renin Corp, the court considered “the novel and perplexing legal issue” of whether an employer that is experiencing significant financial difficulties can unilaterally impose a temporary layoff on an employee in the absence of an express or implied term in the contract of employment to support the employer’s action.

action for damages, claims of wrongful dismissal, common law claim, constructive dismissal, constructively dismissed, contract of employment, dismissing employees, employer’s financial struggles, employment law, employment standards act, medical or dental benefits, recall date, statutory rights, substantial payments, supplementary unemployment benefits, temporary layoff, term of layoff