wrongful dismissal claim

Can behaviours associated with a sex addiction merit employee dismissal?

September 30, 2019 Devry Smith Frank LLP Employee Relations, Human Resources, Human Rights, 0

A recent Nova Scotia labour arbitration decision suggests that employers may not have to accommodate employees who have medically diagnosed sex addiction where behaviours associated with such an addiction clearly justify discipline or termination.

disability accommodation, duty to accommodate, employment law, sex addiction, wrongful dismissal claim, wrongful termination

Are executives entitled to variable compensation after being terminated?

August 7, 2019 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, 0

This blog reviews a recent Ontario Court of Appeal decision, Manastersky v. Royal Bank of Canada, 2019 ONCA 609 (CanLII), that considered whether or not an employer can discontinue a variable compensation plan that accounts for about 50% of an executive’s total compensation.

employment law, Notice of termination, termination, variable compensation, wrongful dismissal, wrongful dismissal claim

Slate not wiped clean by release in context of share sale

January 3, 2019 Sean Bawden Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

Can an employee extinguish his statutory right to severance pay by way of a full and final release signed in the context of a share sale?

common law notice, employment agreement, employment law, fixed-term contract, fixed-term employment contract, pay in lieu of notice of termination, Severance pay, share sale, termination, wrongful dismissal claim

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.

allegations of fraud, bad faith litigation tactics, employee fraud, employment law, legal costs, litigation, wrongful dismissal action, wrongful dismissal claim, wrongful dismissal disputes, wrongful dismissal litigation, wrongful dismisssal

Three popular articles this week on HRinfodesk

August 30, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Privacy and Security, Wages and Compensation

The three popular articles this week on HRinfodesk deal with a recent Ontario Court of Appeal decision that clarified the limitation period for a wrongful dismissal claim starts as soon as working notice is provided, the Morneau Shepell survey which shows employers in Canada are expecting salaries to increase by an average of 2.6 percent in 2019, and guidelines on obtaining meaningful consent.

Alberta Personal Information Protection Act, British Columbia Personal Information Protection Act, collecting personal information, collection, compensation, consent, employment law, employment standards act, ESA, Jones v Freidman, limitation period for wrongful dismissal, meaningful consent, obtaining consent, personal information, Personal Information Protection and Electronic Documents Act, PIPEDA, privacy, privacy policies, Quebec Act respecting the protection of personal information in the private sector, salary increases, Severance pay, use and disclosure of personal information, wages, wrongful dismissal, wrongful dismissal claim

Clock on limitation period for wrongful dismissal claim starts on day of notice – not last day worked

September 20, 2017 Occasional Contributors Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

A recent decision of the Ontario Superior Court of Justice confirms that the limitation period in respect of a wrongful dismissal claim commences on the day that the employee is provided notice of the termination, not on the last day the employee works.

claim for severance, employment law, limitation period, notice of the termination, termination, termination notice, wrongful dismissal, wrongful dismissal claim

Le délai de prescription d’une action pour congédiement injustifié court à compter du jour du préavis – et non à compter du dernier jour de travail

September 20, 2017 Occasional Contributors Employee Relations, Employment/Labour Standards, French Based HR/RH Content, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

Dans une récente décision, la Cour supérieure de justice de l’Ontario confirme que le délai de prescription d’une action pour congédiement injustifié court à compter du jour où l’employé reçoit le préavis de congédiement, et non à compter de son dernier jour de travail.

action pour congédiement injustifié, congédiement, congédiement injustifié, delai de prescription, Droit du travail, employment law, limitation period, préavis de congédiement, termination, wrongful dismissal claim

Wrongful dismissal: When does the limitation period clock start running?

April 18, 2017 Vey Willetts LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation

A recent decision from the Ontario Superior Court of Justice touches upon a little discussed area of employment law. Specifically, when does the limitation period clock start running for a claim of wrongful dismissal?

age discrimination, Bailey v Milo-Food & Agricultural Infrastructure & Services Inc., dismissed employee, employment contract, employment law, employment standards act, Libel and Slander Act, limitation period, Severance pay, statutory severance pay, working notice, wrongful dismissal, wrongful dismissal claim

Employee awarded $50,000 in punitive damages in wrongful dismissal claim

February 10, 2017 Cristina Lavecchia Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Wages and Compensation

The Ontario Superior Court of Justice recently awarded an employee $50,000 in punitive damages in a wrongful dismissal claim because it was “rationally required” to punish the employer for its behaviour toward the employee and to meet “the objectives of retribution, deterrence, and denunciation”.

bad faith allegations, classification of employee, Dismissal, dismissal for just cause, employment law, independent contractor, punitive damages, wrongful dismissal claim

I take it back: Withdrawing resignation

December 1, 2016 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

What should you do if an employee asks to rescind his or her resignation? If you really love that employee, you say “Great! Welcome back.” But if this isn’t your favourite employee, you may have an obligation to undo the resignation anyway. In order to decide whether or not to allow them to withdraw the resignation, there are a few factors that you should consider.

employee who quits in the heat of the moment, employment law, Quitting a job, resignation, withdraw resignation, Withdrawing resignation, wrongful dismissal, wrongful dismissal claim

Sick employees left to twist in the wind?

June 1, 2016 Michele Glassford Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights

The recent increase to Employment Insurance benefits for Compassionate Care Leave from 8 weeks to 28 weeks has given most employees in Canada the ability to care for seriously ill loved ones without jeopardizing their employment for up to 28 weeks. In addition to compassionate care leave most provinces also provide for critically-ill child care leave and some family responsibility leave enabling employees to cover the periods of illness of family members. So why don’t most provinces offer the same job protection to sick employees?

Compassionate Care Leave, critically ill child care leave, discrimination based on disability, discrimination due to absence, employment insurance benefits, employment law, employment standards code, human rights protection, Labour Code, long-term serious illness or injury, protection for seriously ill or injured employees, sick employee job protection, wrongful dismissal claim

Court finds that employer telling employee to “get out” constitutes dismissal

March 3, 2016 Devry Smith Frank LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations, Wages and Compensation

Termination of an employment relationship can come in many forms; some apparent and some not so. In the latter case, it often falls to a court to determine whether an employer’s actions constitute dismissal or constructive dismissal. This was the issue faced by Justice Lack in the recent decision of Sweeting v Mok.

aggravated damages, constructive dismissal, Dismissal, employment law, medical evidence, period of reasonable notice, punitive damages, termination, wrongful dismissal claim

Employee v. contractor

September 5, 2014 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Wages and Compensation

The distinction between employees and contractors is an issue that will not go away. As I have written about in the past, there seems to be a trend toward giving workers the option of being treated as an employee or a contractor, though the reality is that this impacts nothing other than how they are paid.

Canada Pension Plan contributions, Canada Revenue Agency, common law, contractual arrangement in place, Employee v. contractor, Employee vs. self-employed, employment insurance premiums, employment relationship, Employment Standards legislation, independent contractor, paying taxes, potential liability with respect to unpaid taxes, Self-employed, Tax courts, the relationship was truly one of employer-employee, wrongful dismissal claim

WSIB claims for mental distress

July 4, 2014 Rudner Law, Employment / HR Law & Mediation Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Wages and Compensation

For years, those of us that practice in the area of Employment Law have taken it as a given: if you suffer from mental distress caused by circumstances in the workplace, you cannot bring a WSIB claim except in very limited circumstances. Unlike physical injuries, WSIB would not cover psychological or emotional damage, even if it could be shown to be a workplace injury. That has now been called into question, as a Workplace Safety and Insurance Appeals Tribunal found that the statutory provision limiting the entitlement to benefits for mental distress is inconsistent with the Charter of Rights and Freedoms and, therefore, unconstitutional.

benefits for mental distress, bullying or other abuse at work, Charter of Rights and Freedoms, Decision No. 2157/09, employment law, sudden and unexpected event arising out of and in the course of employment, work-induced mental distress, workers compensation, workplace injury, Workplace Safety and Insurance Act, Workplace Safety and Insurance Appeals Tribunal, workplace stressors, wrongful dismissal claim, WSIB benefits, WSIB claims for mental distress, WSIB would not cover psychological or emotional damage, WSIB’s Traumatic Mental Stress Policy

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