wrongful dismissal action

Truth or lies: Providing employment references

September 24, 2019 Occasional Contributors Employee Relations, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, 0

Are you one of the growing numbers of Canadian employers who are reluctant to provide employment references for former employees? Concerned you are going to be sued by a former employee for defamation if your reference is not positive enough?

employment law, employment references, hiring, reference letter, wrongful dismissal action

Paying the price: Ontario court reminds employers to carefully consider their approach to litigation

September 17, 2018 Vey Willetts LLP Notice, Damages and Settlements, Payroll

It is important for businesses to carefully consider their response to an employee’s wrongful dismissal claim.

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Using summary trials in a wrongful dismissal action

October 5, 2016 Occasional Contributors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations

The high costs of litigation and the long delays to have a matter heard in court have raised serious concerns with respect to access to justice in Canada. This challenge can be felt particularly acutely with somebody who has recently been wrongfully dismissed from their employment. While the common law may tell us that a terminated employee may be entitled to receive several more months compensation for their termination than what their employer is offering, often the high cost of litigation require the worker to accept less than they deserve. The high costs of litigation and the long delays to have a matter heard in court have raised serious concerns with respect to access to justice in Canada. This challenge can be felt particularly acutely with somebody who has recently been wrongfully dismissed from their employment. While the common law may tell us that a terminated employee may be entitled to receive several more months compensation for their termination than what their employer is offering, often the high cost of litigation require the worker to accept less than they deserve. But what if someone can have their day in court without the time and expense of trial and discoveries? In many wrongful dismissal cases, a summary judgment application may provide just that.

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Beware of the one month per year of service “rule”, part 4

February 8, 2016 Alison J. Bird Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

I have written several times about cases which significantly depart from the so-called one month per year of service rule. There continues to be a seemingly never-ending stream of cases which confirm the perils of assuming that an employer’s liability for reasonable notice of termination will be capped at one month per year of employment.

'rule of thumb, employer’s liability for reasonable notice of termination, employment law, employment standards, notice period, one month per year of service rule, pay in lieu of notice, wrongful dismissal action

“Give me a raise or i’ll quit”: Has the employee resigned?

February 9, 2015 Alison J. Bird Corporate Immigration, Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

It can be surprisingly difficult for an employer to rely on statements such as “I quit” to establish that an employee resigned, particularly if the employee later indicates that they want to return to work. Courts require proof of a clear intention to resign in order to find that an employee terminated their employment. While the statement “I quit” may seem clear, courts will inquire into the circumstances in which the statement was made in order to determine whether the employee actually resigned.

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Going global: Ontario Superior Court grants severance pay based on non-Ontario payroll

August 8, 2014 Stringer LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Source Deductions and Reporting, Union Relations, Wages and Compensation

A recent French language decision from the Ontario Superior Court of Justice indicates that more employers could be subject to liability for an employee entitlement often relegated to the role of afterthought: severance pay.

26 weeks’ pay, Altman v Steve’s Music Store, employee entitlement, employee’s severance pay entitlement, employment law, employment standards act, minimum notice requirements of the Employment Standards Act, national payroll, Notice requirement, Ontario payroll, Paquette v Quadraspec Inc., pay in lieu, Severance pay, severance pay based on non-Ontario payroll, Severance pay in Ontario, termination, terminations, working notice, wrongful dismissal action

Court of Appeal protects manager from personal liability on employee termination

January 8, 2013 Stringer LLP Employee Relations, Employment/Labour Standards, Human Resources

A well-drafted contract protects not only the company but also its employees and senior personnel. In a recent decision,…

alleged tortious conduct, employment contract, employment law, Exclusion Clause, exclusionary clause, intentional infliction, limitation of liability clause, management, Notice of termination, Ontario Court of Appeal, protects manager from personal liability on employee termination, reasonable notice, severance payment, termination, termination of her employment, terminations, wrongful dismissal action

Not all releases are created equal

September 24, 2012 Alison J. Bird Employment/Labour Standards, Human Resources

A recent case from Ontario is cautioning employers to think twice before relying on a release from an employee to shield them from a future wrongful dismissal claim.

common law, employment law, execution of a release, legal advice, relying on a release, statutory rights, termination, terminations, unconscionable agreement, unfair release, wrongful dismissal action, wrongful dismissal claim