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dismissed employees

By Rudner Law, Employment / HR Law & Mediation | 4 Minutes Read February 7, 2014

Advising the dismissed employee

For those of us that specialize in employment law, advising the recently-dismissed employee can be among the most challenging of experiences. In many cases, the employee is quite emotional, and more often than not, they have been filled with ideas about what the law requires by their colleagues, family, and friends. Not only do we have to encourage them to approach the situation objectively, but we also have to dispel them of many of the notions that have filled their head.

Article by Rudner Law, Employment / HR Law & Mediation / Employee Relations, Employment Standards, Payroll / "clawback" provision, 'rule of thumb, assessing severance entitlements, being treated unfairly, common law concept of notice of dismissal, constructive dismissal, contractual term, dismissed employees, employment law, law does not necessarily require fairness, legal obligations, length of the notice period, no "rule of thumb" requiring one month of notice for every year of service, notion of mitigation, pay in lieu of notice, severance packages, termination, terminations, work through the notice period, working during the notice period, working notice, wrongful dismissal

By Alison J. Bird | 3 Minutes Read January 14, 2013

When will an employer be liable for bad faith damages?

Since the Supreme Court of Canada’s decision in Honda v. Keays, dismissed employees have increasingly sought bad faith damages in severance negotiations and wrongful dismissal actions. A key issue in these claims is whether the employer’s conduct was sufficiently egregious to justify these damages. The courts are clear that not every perceived offence or instance of misconduct will give rise to a finding of bad faith.

Article by Alison J. Bird / Employee Relations, Employment Standards, Payroll / bad faith damages, damages, deprive the employee of a benefit, dismissed employees, employer’s conduct was sufficiently egregious, employment law, employment relationship, Evans v. Complex Services Inc, evidence of mental distress, Honda Canada Inc. v Keays, liable for bad faith damages, malice or blatant disregard for the employee, management and the employee, misrepresenting the reason for the termination, must still establish actual loss caused by the misconduct, perceived offence or instance of misconduct, severance negotiations, Supreme Court of Canada, termination, termination notice, terminations, time of dismissal, wrongful dismissal actions

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