damages for wrongful dismissal

Employers beware: Punitive damages for improper just cause allegations

November 28, 2017 Jeff Dutton, Dutton Employment Law Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Penalties and Fines

Two recent Small Claims Court cases demonstrate the courts’ willingness to sanction employers for improper just cause allegations. These cases highlight the fact that employers need to be cautious in asserting just cause.

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Amberber v. IBM Canada Limited: Termination clause fails to rebut employee’s entitlement to reasonable notice

November 15, 2017 Vey Willetts LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll

A recent summary judgment motion before the Ontario Superior Court of Justice, Amberber v. IBM Canada Limited, serves as an important reminder to employers of the need to draft contractual termination clauses with a high degree of clarity, or risk unanticipated liability in the event of a without cause dismissal.

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Three popular articles this week on HRinfodesk

October 6, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Penalties and Fines, Pensions and Benefits, Recruiting and Hiring, Union Relations, Wages and Compensation

The three popular articles this week on HRinfodesk deal with: a case where an employee was deemed to be constructively dismissed after a temporary layoff; a decision that leaves employers questioning their bonus policies; and salary projections for 2017 released by The Conference Board of Canada.

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Huge wrongful dismissal damage award overruled by Ontario Court of Appeal on basis of misapplication of law of just cause dismissal

September 15, 2016 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll

A 62 year old Mississauga teacher with 10 years of service experienced the joy of winning a huge damage award in the face of allegations of just cause at trial only to have the trial decision squarely overruled by a majority of the Ontario Court of Appeal with significant cost consequences to account for. While the Ontario Court of Appeal often gives Trial Judges significant deference in their decisions, the Court of Appeal found that the Trial Judge misapplied the facts to the proper law on just cause dismissal and overruled the entire decision and awarded the employer significant costs on both the trial and appeal.

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2014 Employment law round up – Top five cases/trends/stories

December 19, 2014 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Penalties and Fines, Pensions and Benefits, Union Relations, Wages and Compensation

With 2015 just around the corner, it is useful to reflect on the year that has just past and is coming to a close. 2014 had a number of significant employment law developments and below we have…

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Supreme Court of Canada confirms pension benefits should not be deducted from damages for wrongful dismissal

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.

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Most-viewed articles this week on HRinfodesk

January 24, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Human Rights, Payroll, Wages and Compensation

The three most viewed articles on HRinfodesk this week deal with psychological health and safety, a wrongful dismissal claim that applied ‘rule of thumb’ principal and a court ruling about a workplace accident because employee failed to follow instructions.

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A quick primer on just cause termination

August 23, 2012 Matt Lalande, Lalande & Company Lawyers Accessibility Standards, Employment/Labour Standards, Health and Safety, Human Resources, Standard for Employment

Every month I have the benefit of drafting a quick blog on great employment law topics. A case that I very recently read, which is probably the best employment case I have ever read, catalyzed my interest in drafting a quick primer on the law of just cause. In the case of Barton v. Rona Ontario Inc. (2012 ONSC 3809) the plaintiff Kerry Barton was an assistant store manager at Rona in Barrie. He managed approximately 140 employees. One of the employees was wheelchair bound…

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Court of appeal rejects ‘double counting’

September 21, 2010 Earl Altman Employment/Labour Standards, Human Resources

Most employers understand a claim for damages for wrongful dismissal as arising from the termination of an employee’s employment without adequate cause or notice. It can be argued that this in fact reflects a misconception of the nature of the employment contract. Except in certain limited cases of federally regulated companies,…

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