Employment Lawyers often say that the two riskiest parts of the employment relationship are the hiring stage and the dismissal. Each of these raise their own specific sets of risks, but one commonality is that it is often easy for the candidate or employee to allege that they were discriminated against on the basis of a protected ground under Human Rights legislation.
It is a well-established principle of Ontario employment law that, barring exceptional circumstances, the maximum severance period an employee can expect to receive upon dismissal tops out at 24 months. Ontario’s Court of Appeal has reaffirmed this point time and again.
In the world of employment, Wallace v. United Grain Growers Ltd. established a duty on the part of employers to act in good faith while in the course of dismissal. In the decade or so following that decision, virtually every wrongful dismissal included an allegation of bad faith.